Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS
Subpart A - GENERAL PROVISIONS
Section 102.106 - Types of Regulatory Proposals

Universal Citation: 35 IL Admin Code ยง 102.106

Current through Register Vol. 48, No. 38, September 20, 2024

a) The Act provides for 5 types of regulatory proposals:

1) Identical-in-substance rulemakings, as defined in Sections 7.2, 13.3, 28.2 and 28.4 of the Act [ 415 ILCS 5/7.2, 13.3, 28.2, and 28.4];

2) Federally required rules, as defined in Section 28.2 of the Act [ 415 ILCS 5/28.2] ;

3) Other regulatory proposals, both of general applicability and not of general applicability as allowed by Sections 26, 27 and 28 of the Act [ 415 ILCS 5/26, 27, and 28 ];

4) Clean Air Act fast track rulemakings as defined by Section 28.5 of the Act [ 415 ILCS 5/28.5] ; and

5) Rulemakings to update incorporations by reference, as allowed by Section 28.6 of the Act [ 415 ILCS 5/28.6] .

b) The IAPA provides for three types of rulemakings:

1) General rulemaking under Section 5-40 of the IAPA [ 5 ILCS 100/5-40] ;

2) Emergency rulemaking under Section 5-45 of the IAPA; and

3) Peremptory rulemaking under Section 5-50 of the IAPA.

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