Ill. Admin. Code tit. 35, § 102.106
Types of Regulatory Proposals
Effective Jul 5, 201741 Ill. Reg. 10002AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 28.6, 29, and 41 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 28.6, 29, and 41] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].POLLUTION CONTROL BOARD
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.
(Source: Amended at 41 Ill. Reg. 10002, effective July 5, 2017)