The State Environmental Commission has adopted the following forms for use by the public to petition the Commission.
FORM #1 — Petition for Adoption, Filing Amendments or Repeal of Commission Regulations. This form contains the basic information about proposed changes or additions to the Nevada Administrative Code. The information contained in the form meets the requirements of Nevada Revised Statutes 233B, the Administrative Procedures Act
. Petitioners must attach proposed regulatory language when submitting the petition to the Commission. Concurrently, a petitioner must also attach Form #4, for disclosure of impacts upon Small Businesses.
Form # 2 — This form is designed to allow the Commission to issue advisory opinions or make declaratory orders.
Form # 3 — Appeals This form is used by those parties desiring to appeal final decisions made by the Division of Environmental Protection. This form is used to appeal enforcement actions and permits issued by the division. Appeals must be submitted to the Commission in the format defined by Form #3 and the petition to appeal must be received timely, otherwise it will not be recognized as a valid request before the Commission. For detailed information about the appeal process see "Appeal Process" on this website.
Form # 4 — Small Business Impact Disclosure Process: This form compliments the filing of a petition with the Commission (see form 1 above) for the adoption, amendment or repeal, of a regulation. The form has two parts. The first part is used to determine whether a small business impact is expected to occur due to the rulemaking (See NRS233B.0603). There are two questions on the form, the answers to which will determine whether a small business impact statement is required. The second part of the form contains the criteria for the small business impact statement. This form must be presented with Form #1 upon submittal of a regulation before the Commission. The form follows the requirements of NRS 233B.
Form # 5 — Small Business Impact Aggrievement Petition: This form is a petition that provides small businesses with due process in responding to regulations adopted by the State Environmental Commission. This petition is to be used pursuant to NRS. 233B.105, by a small business that believes it has been aggrieved by the adoption of a regulation by the State Environmental Commission.
Form # 6 — Variance for Alternative Fueled Vehicles. This form is specific to state and political subdivisions only. The form contains information for acquiring a variance from the State Enviornmental Commission (SEC) reguarding the purchase of alternative fueled vehicles and use of alternative fuels in government fleets. For additional background see agenda item 7 that was approved by the SEC on June 17th 2010.
In approving variances, the Commission may consider whether compliance with NRS 486A (or the provisions of NAC 486A) would:
- Void or reduce the coverage under a manufacturer's warranty for any vehicle or vehicle component;
- Result in financial hardship to the owner or operator of a fleet;
- Be impractical because of the lack of availability of clean vehicles, alternative fuel or motor vehicles that use alternative fuel; or
- Any other reason which the Commission determines is appropriate.
Any agency requesting a variance from the requirements of the alternative fuels program must submit the form to the State Environmental Commission at least 30 days in advance of a scheduled SEC quarterly regulatory hearing.