TOPEKA | Carbon dioxide emissions will be a factor for the state in issuing air-quality permits only when new power plants are involved, the Department of Health and Environment said Monday.
The agency issued what it called a “guidance document” in hope of clarifying its policy. The document states, “Under this policy, no other permit applications are subject to carbon dioxide analysis as part of the permitting process.”
The action is another development in a dispute between Hays-based Sunflower Electric Power Corp. and the department, which is blocking Sunflower’s plans to build two coal-fired power plants near the Finney County town of Holcomb.
Gov. Kathleen Sebelius issued a statement saying the new document “sets the record straight” and counters a “fear campaign” by supporters of Sunflower’s project. KDHE Secretary Rod Bremby, a Sebelius appointee, rejected an air-quality permit for the two plants in October 2007, citing their potential CO2 emissions.
“Kansas has always been, and will always be, open for business,” Sebelius said. “But it’s time we recognize the changing economy and embrace a clean energy future before we miss out on new investments, new jobs and new opportunities.”
She added: “Now is not the time for new coal plants in Kansas.”
Sunflower spokesman Steve Miller declined to comment on the KDHE document, saying the utility had not had time to review it.
The one-page document says KDHE’s policy is designed to “ease the transition” to expected new federal requirements for reducing greenhouse gas emissions.
It says KDHE will examine the potential CO2 emissions for proposed new power plants to protect Kansans’ health and the environment. The state does not yet set specific limits on emissions of greenhouse gases that are linked by many scientists to global warming.
KDHE spokeswoman Maggie Thompson said there are no pending applications for air-quality permits for new power plants.
The document says applicants for such permits must include measures to offset or reduce CO2 emissions. The document notes that power plants are the single largest source of CO2 in Kansas, accounting for 34 percent of total emissions.
Sebelius noted that Sunflower’s application is the only one of about 3,400 to be denied since she took office in January 2003. But critics contend Bremby’s decision created an unstable regulatory environment and discouraged business investment in Kansas.
“This is a document just offering guidance,” Thompson said. “We’ve been hearing over and over again that there’s uncertainty.”
Legal challenges to Bremby’s decision from Sunflower, its business partners and others are pending in state and federal courts.
Legislators who support the coal plants also hope to pass a bill to overturn Bremby’s decision and limit the KDHE secretary’s power to deny air-quality permits in the future.
Sebelius vetoed three such bills passed by Sunflower’s legislative allies last year, and the vetoes withstood attempted overrides.
The House Energy and Utilities Committee planned to begin discussion Tuesday on a bill to overturn Bremby’s decision and other energy legislation. Chairman Carl Dean Holmes, a Republican from Liberal, declined to comment on the KDHE document, saying he hadn’t seen it.
Sierra Club spokeswoman Stephanie Cole said the environmental group was encouraged that KDHE recognized the likelihood of new federal regulations on CO2 but added, “I would like to see more from KDHE.”
“I think we can expect the federal regulations to be stricter than what they’re proposing,” she said.
You may download the Guidance Document from KDHE’s website: http://www.kdheks.gov/
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