Topeka ? A measure tucked into the state budget could prevent Kansas from implementing Environmental Protection Agency rules on greenhouse gases.

The proposal was shepherded through by Sen. Tim Huelskamp, R-Fowler, during the final days of the legislative session that ended last week.

“Instead of supporting sound science and common sense, the EPA has chosen to take the radical path of attempting to regulate carbon dioxide and methane,” said Huelskamp, who also is running for the 1st District congressional seat, currently occupied by Jerry Moran.

“I’m determined to do what is best for our Kansas economy, and that is to oppose the EPA implementation of their cap-and-trade regulatory scheme at every possible opportunity,” he said.

The amendment to the appropriations bill would prohibit any state agency from spending state funds “to plan, draft, propose, promulgate, finalize or implement any rules and regulations pursuant to the Clean Air Act involving the greenhouse gases identified” in the EPA’s endangerment finding.

EPA has declared that climate-changing greenhouse gases endanger human health and welfare and need to be regulated. Those gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

The Kansas Department of Health and Environment, which enforces environmental rules, is the target of the amendment, and a major issue before KDHE is a pending permit for an 895-megawatt coal-fired electric power plant in southwest Kansas, known as the Sunflower Electric Power Project.

In 2007, KDHE Secretary Roderick Bremby denied the permit for the project, citing the effects of the proposal’s potential carbon dioxide emissions on health and environment.

In 2008 and 2009, Sunflower Electric and Colorado-based Tri-State Generation and Transmission Association, which would own most of the power from the project, pushed through legislation to overturn Bremby’s decision. Then-Gov. Kathleen Sebelius vetoed that legislation several times.

When Mark Parkinson became governor in 2009, after Sebelius’ departure to join President Barack Obama’s Cabinet, Parkinson made a deal with Sunflower and Tri-State to build a smaller project.

The amendment to the budget bill is now in the hands of Parkinson, who can let it become law or apply a line-item veto to it. Parkinson’s office said the governor has not yet received the appropriations bill but that once he does he will thoroughly consider every proviso before taking any action.

Environmentalists are unhappy with the amendment but, ironically, they are not asking for Parkinson to veto it.

Given Parkinson’s deal-making with Sunflower on the coal plant, they don’t see much help coming from the Statehouse.

“At this point, we’re not inclined to use the legislative process to combat these special interests anymore,” said Stephanie Cole, a spokeswoman for the Kansas chapter of the Sierra Club. “The legislative process is being abused. We will focus on the Sunflower project in the courts.”

Scott Allegrucci, director of the Great Plains Alliance for Clean Energy, said the provision wouldn’t stand up in court and probably would invite more scrutiny from the EPA on Kansas environmental regulation.

“We might consider more direct oversight by EPA a much more responsible and dependable pathway to regulatory certainty in Kansas,” Allegrucci said.

EPA’s Regional Administrator Karl Brooks has already written a letter to Parkinson and Bremby expressing concerns about any provision that would block federal rules.

In that letter, Brooks warns that if a state doesn’t follow federal pollution laws, the EPA will exercise its authority to make sure that projects seeking permits adhere to federal requirements.