Overview - Rule Making: The State Environmental Commission (SEC) acts on "Regulatory Petitions" proposed by the Nevada Division of Environmental Protection (NDEP). These Petitions (i.e., proposed regulations) are initiated to further define existing state law contained in the (Nevada Revised Statutes) and or new laws enacted by the Nevada Legislature. Regulatory Petitions may address new or revised environmental standards, adoption of certain federal regulations, approval of new permitting fees, incorporation of federal required plans, and other functions necessary for the proper execution of state and federal laws and regulations.
Proposed regulations that are approved by the Commission typically involve Nevada's Water Pollution Control laws and regulations [NRS Chapter 445A] & [NAC 445A], the states Air Pollution Control laws and regulations [NRS Chapter 445B] & [NAC 445B], and Nevada's Hazardous Materials laws and regulations [NRS Chapter 459] & [NAC 459]. A complete listing of all laws and regulations the SEC might interact with through rule making are available on NDEP's website.
Rule Making Authority The rules regarding the adoption of regulations by state agencies, are set forth in Nevada Administrative Procedures Act (NAPA). These procedures apply to proceedings for the adoption, amendment, or repeal of regulations before SEC. Details about the SEC rule making process can be found on this website. It's worth noting that any interested person may petition the commission in writing (SEC form 1) for the issuance of any rule or regulation. Upon submission of a petition for rulemaking, the commission will either initiate rulemaking proceedings or deny the petition within 30 days after the petition is filed.
Additional resources about Nevada's rule making process are available from the Nevada Attorney General — see: Administrative Rulemaking Guide (84 pages - PDF) .