Flawed reasoning

A measure intended to limit enforcement of federal clean-air standards in Kansas may have just the opposite effect.

State Sen. Tim Huelskamp, R-Fowler, probably thought he was doing Kansas utilities a favor when he pushed through an amendment to the state budget bill that would bar Kansas from implementing federal rules on greenhouse gases.

Huelskamp, who is running for U.S. Rep. Jerry Moran’s seat in Congress, was trying to block what he called “the radical path” of the federal Environmental Protection Agency to regulate carbon dioxide and methane.

The amendment he made sure got added to the state budget bill prohibits 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.

The bill, as passed, basically ties the hands of the Kansas Department of Health and Environment. Among the major issues pending before KDHE is a permit for an 895-megawatt, coal-fired electrical plant in southwest Kansas. Huelskamp may have thought the amendment would help clear the way for the new plant, but the principle of unintended consequences has intervened.

This week, Sunflower Electric Power Corp., which is seeking approval for the plant, joined with Westar Energy Inc. to speak out in opposition of the Huelskamp amendment. An EPA administrator has indicated that the provision could cause his agency to take over the regulation of air pollution and issuance of air-quality permits in Kansas. Rather than keeping the EPA out of the state’s energy business, the amendment could cut out the KDHE middle man and put EPA in direct control of air-quality issues in the state.

That’s not exactly what Huelskamp had in mind.

While Westar and Sunflower are registering their concerns, state environmental groups are standing on the sidelines. Leaving the provision in the budget bill, they say, may actually lead to more consistent and responsible clean-air regulation in Kansas.

Gov. Mark Parkinson, who has until Friday to veto individual budget items, reportedly is considering the concerns of Westar and Sunflower. The restrictions that would be placed on KDHE could cause him to exercise his veto, but there are no guarantees, especially considering Parkinson’s past support of alternative energy and the environment.

Rather than shielding the state from federal control, the Huelskamp amendment essentially eliminates any control the state has over how federal clean-air standards are applied in Kansas. It will be interesting to see whether the governor uses his veto or allows the measure to stand.