65-3005.Powers of the secretary.(a) The secretary shall have the power to:
(1) Adopt, amend and repeal rules and regulationsimplementing and consistent with this act.
(2) Hold hearings relating to any aspect of or matter inthe administration of this act concerning air quality control, and inconnection therewith, compel the attendance of witnesses and the productionof evidence.
(3) Issue such orders, permits and approvals as may benecessary to effectuate the purposes ofthis act and enforce the same by all appropriate administrative andjudicial proceedings.
(4) Require access to records relating to emissions whichcause or contribute to air pollution.
(5) Prepare and develop a comprehensive plan or plans forthe prevention, abatement and control of air pollutionoriginating in Kansas that affects air quality in Kansas or in other statesor both.
(6) Adopt rules and regulations governing such publicnotification and comment procedures as authorized by this act.
(7) Encourage voluntary cooperation by persons or affectedgroups toachieve the purposes of this act.
(8) (A) Encourage local units of government to handleair pollution problemswithin their respective jurisdictions and on a cooperative basis;(B)provide technical and consultative assistance therefor; and(C) enter into agreements with local units of government to administerall or part of the provisions of the Kansas air quality act in the units'respective jurisdictions.
(9) Encourage and conduct studies, investigations andresearch relatingto air contamination and air pollution and their causes, effects,prevention, abatement and control.
(10) Encourage air contaminant emission sources tovoluntarily implement strategies, including the development and use ofinnovative technologies, market-based principles and other privateinitiatives to reduce or prevent pollution.
(11) Determine by means of field studies and sampling thedegree of aircontamination and air pollution in the state and the several parts thereof.
(12) Establish ambient air quality standards for the stateas a whole orfor any part thereof.
(13) Collect and disseminate information and conducteducational andtraining programs relating to air contamination and air pollution.
(14) Advise, consult and cooperate with other agencies ofthestate,local governments, industries, other states, interstate or interlocalagencies, and the federal government, and with interested persons orgroups.
(15) Accept, receive and administer grants or other fundsor gifts from public and private entities, including the federalgovernment, for thepurpose of carrying out any of the functions of this act. Such fundsreceived by the secretary pursuant to this section shall be deposited inthe state treasury to the account of the department of health andenvironment.
(16) Enter into contracts and agreements with other stateagencies or subdivisions, local governments, other states,interstate agencies, the federal government or its agenciesor privateentities as is necessary to accomplish the purposes of the Kansas air qualityact.
(17) Conduct or participate in intrastate or interstateemissions trading programs or other programs that demonstrate equivalent airquality benefits for the prevention, abatement and control of air pollutionin Kansas or in other states or both.
(18) Prepare and adopt a regional haze plan as may benecessary to prevent, abate and control air pollution originating in Kansasthat affects air quality in Kansas or in other states or both. Any regionalhaze plan prepared by the secretary shall be no more stringent than is requiredby 42 U.S.C. 7491.
(19) Participate in the activities of any visibilitytransport commission established under 42 U.S.C. 7492. The secretary shallreport to the governor and the legislature on the activities of any suchvisibility transport commission annually.
(b) It is a policy of the state to regulate the air quality of thestate and implement laws and regulations that are applied equally and uniformlythroughout the state and consistent with those of the federal government.
(1) The secretary shall have the authority to promulgate rules andregulations to establish standards to ensure that the state is incompliance with the provisions of the federal clean air act, as amended (42U.S.C. section 7401 et seq.). The standards so establishedshall not be any more stringent, restrictive or expansive than those requiredunder the federal clean air act, as amended, nor shall the rules andregulations be enforced in any area of the state prior to the time required bythe federal clean air act.If the secretary determines that more stringent, restrictive or expansive rulesand regulations are necessary, the secretary may implement the rules andregulations only after approval by an act of the legislature.The restrictions of this subsection shall not apply tothe parts of the state implementation plan developed by the secretary to bringa nonattainment area into compliance when needed to have a United Statesenvironmental protection agency approved state implementation plan.
(2) For any application for a permit required by federal orstate law, the secretary shall not deny or delay the issuance of such permitwhen the requirements of this act have been met.
65-3005.Powers of the secretary.(a) The secretary shall have the power to:
(1) Adopt, amend and repeal rules and regulationsimplementing and consistent with this act.
(2) Hold hearings relating to any aspect of or matter inthe administration of this act concerning air quality control, and inconnection therewith, compel the attendance of witnesses and the productionof evidence.
(3) Issue such orders, permits and approvals as may benecessary to effectuate the purposes ofthis act and enforce the same by all appropriate administrative andjudicial proceedings.
(4) Require access to records relating to emissions whichcause or contribute to air pollution.
(5) Prepare and develop a comprehensive plan or plans forthe prevention, abatement and control of air pollutionoriginating in Kansas that affects air quality in Kansas or in other statesor both.
(6) Adopt rules and regulations governing such publicnotification and comment procedures as authorized by this act.
(7) Encourage voluntary cooperation by persons or affectedgroups toachieve the purposes of this act.
(8) (A) Encourage local units of government to handleair pollution problemswithin their respective jurisdictions and on a cooperative basis;(B)provide technical and consultative assistance therefor; and(C) enter into agreements with local units of government to administerall or part of the provisions of the Kansas air quality act in the units'respective jurisdictions.
(9) Encourage and conduct studies, investigations andresearch relatingto air contamination and air pollution and their causes, effects,prevention, abatement and control.
(10) Encourage air contaminant emission sources tovoluntarily implement strategies, including the development and use ofinnovative technologies, market-based principles and other privateinitiatives to reduce or prevent pollution.
(11) Determine by means of field studies and sampling thedegree of aircontamination and air pollution in the state and the several parts thereof.
(12) Establish ambient air quality standards for the stateas a whole orfor any part thereof.
(13) Collect and disseminate information and conducteducational andtraining programs relating to air contamination and air pollution.
(14) Advise, consult and cooperate with other agencies ofthestate,local governments, industries, other states, interstate or interlocalagencies, and the federal government, and with interested persons orgroups.
(15) Accept, receive and administer grants or other fundsor gifts from public and private entities, including the federalgovernment, for thepurpose of carrying out any of the functions of this act. Such fundsreceived by the secretary pursuant to this section shall be deposited inthe state treasury to the account of the department of health andenvironment.
(16) Enter into contracts and agreements with other stateagencies or subdivisions, local governments, other states,interstate agencies, the federal government or its agenciesor privateentities as is necessary to accomplish the purposes of the Kansas air qualityact.
(17) Conduct or participate in intrastate or interstateemissions trading programs or other programs that demonstrate equivalent airquality benefits for the prevention, abatement and control of air pollutionin Kansas or in other states or both.
(18) Prepare and adopt a regional haze plan as may benecessary to prevent, abate and control air pollution originating in Kansasthat affects air quality in Kansas or in other states or both. Any regionalhaze plan prepared by the secretary shall be no more stringent than is requiredby 42 U.S.C. 7491.
(19) Participate in the activities of any visibilitytransport commission established under 42 U.S.C. 7492. The secretary shallreport to the governor and the legislature on the activities of any suchvisibility transport commission annually.
(b) It is a policy of the state to regulate the air quality of thestate and implement laws and regulations that are applied equally and uniformlythroughout the state and consistent with those of the federal government.
(1) The secretary shall have the authority to promulgate rules andregulations to establish standards to ensure that the state is incompliance with the provisions of the federal clean air act, as amended (42U.S.C. section 7401 et seq.). The standards so establishedshall not be any more stringent, restrictive or expansive than those requiredunder the federal clean air act, as amended, nor shall the rules andregulations be enforced in any area of the state prior to the time required bythe federal clean air act.If the secretary determines that more stringent, restrictive or expansive rulesand regulations are necessary, the secretary may implement the rules andregulations only after approval by an act of the legislature.The restrictions of this subsection shall not apply tothe parts of the state implementation plan developed by the secretary to bringa nonattainment area into compliance when needed to have a United Statesenvironmental protection agency approved state implementation plan.
(2) For any application for a permit required by federal orstate law, the secretary shall not deny or delay the issuance of such permitwhen the requirements of this act have been met.
65-3005.Powers of the secretary.(a) The secretary shall have the power to:
(1) Adopt, amend and repeal rules and regulationsimplementing and consistent with this act.
(2) Hold hearings relating to any aspect of or matter inthe administration of this act concerning air quality control, and inconnection therewith, compel the attendance of witnesses and the productionof evidence.
(3) Issue such orders, permits and approvals as may benecessary to effectuate the purposes ofthis act and enforce the same by all appropriate administrative andjudicial proceedings.
(4) Require access to records relating to emissions whichcause or contribute to air pollution.
(5) Prepare and develop a comprehensive plan or plans forthe prevention, abatement and control of air pollutionoriginating in Kansas that affects air quality in Kansas or in other statesor both.
(6) Adopt rules and regulations governing such publicnotification and comment procedures as authorized by this act.
(7) Encourage voluntary cooperation by persons or affectedgroups toachieve the purposes of this act.
(8) (A) Encourage local units of government to handleair pollution problemswithin their respective jurisdictions and on a cooperative basis;(B)provide technical and consultative assistance therefor; and(C) enter into agreements with local units of government to administerall or part of the provisions of the Kansas air quality act in the units'respective jurisdictions.
(9) Encourage and conduct studies, investigations andresearch relatingto air contamination and air pollution and their causes, effects,prevention, abatement and control.
(10) Encourage air contaminant emission sources tovoluntarily implement strategies, including the development and use ofinnovative technologies, market-based principles and other privateinitiatives to reduce or prevent pollution.
(11) Determine by means of field studies and sampling thedegree of aircontamination and air pollution in the state and the several parts thereof.
(12) Establish ambient air quality standards for the stateas a whole orfor any part thereof.
(13) Collect and disseminate information and conducteducational andtraining programs relating to air contamination and air pollution.
(14) Advise, consult and cooperate with other agencies ofthestate,local governments, industries, other states, interstate or interlocalagencies, and the federal government, and with interested persons orgroups.
(15) Accept, receive and administer grants or other fundsor gifts from public and private entities, including the federalgovernment, for thepurpose of carrying out any of the functions of this act. Such fundsreceived by the secretary pursuant to this section shall be deposited inthe state treasury to the account of the department of health andenvironment.
(16) Enter into contracts and agreements with other stateagencies or subdivisions, local governments, other states,interstate agencies, the federal government or its agenciesor privateentities as is necessary to accomplish the purposes of the Kansas air qualityact.
(17) Conduct or participate in intrastate or interstateemissions trading programs or other programs that demonstrate equivalent airquality benefits for the prevention, abatement and control of air pollutionin Kansas or in other states or both.
(18) Prepare and adopt a regional haze plan as may benecessary to prevent, abate and control air pollution originating in Kansasthat affects air quality in Kansas or in other states or both. Any regionalhaze plan prepared by the secretary shall be no more stringent than is requiredby 42 U.S.C. 7491.
(19) Participate in the activities of any visibilitytransport commission established under 42 U.S.C. 7492. The secretary shallreport to the governor and the legislature on the activities of any suchvisibility transport commission annually.
(b) It is a policy of the state to regulate the air quality of thestate and implement laws and regulations that are applied equally and uniformlythroughout the state and consistent with those of the federal government.
(1) The secretary shall have the authority to promulgate rules andregulations to establish standards to ensure that the state is incompliance with the provisions of the federal clean air act, as amended (42U.S.C. section 7401 et seq.). The standards so establishedshall not be any more stringent, restrictive or expansive than those requiredunder the federal clean air act, as amended, nor shall the rules andregulations be enforced in any area of the state prior to the time required bythe federal clean air act.If the secretary determines that more stringent, restrictive or expansive rulesand regulations are necessary, the secretary may implement the rules andregulations only after approval by an act of the legislature.The restrictions of this subsection shall not apply tothe parts of the state implementation plan developed by the secretary to bringa nonattainment area into compliance when needed to have a United Statesenvironmental protection agency approved state implementation plan.
(2) For any application for a permit required by federal orstate law, the secretary shall not deny or delay the issuance of such permitwhen the requirements of this act have been met.
