Section 102.106  Types of Regulatory Proposals

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)