Attorney General Opinion No.

Roderick L. Bremby, Secretary

Kansas Department of Health and Environment

Curtis State Office Building

1000 SW Jackson Street, Suite 540

Topeka, Kansas 66612-1238

Dear Secretary Bremby:

As Secretary of the Kansas Department of Health and Environment (KDHE), you request an opinion whether, in the absence of federal or state regulations setting limitations for a specific pollutant, K.S.A.65-3012 authorizes the secretary to deny or modify an air quality permit, or place a stay on issuance of an air quality permit until state or federal regulations are enacted that address the pollutant.

When an…