In 2017, Pruitt took 15 Major Actions to delay, weaken or repeal, air quality standards
(cited by Sen. Jeff Merkley (D-Ore.) at Senate Environment and Public Works Committee hearing,
January 30, 2018)
1. Delayed defending and complying with the Ozone Rule – On April 7, 2017, the EPA
asked the U.S. Court of Appeals to delay oral arguments in a case challenging the Obama
administration’s 2015 rule setting a stronger air quality standard for smog-forming ozone pollution.
• On April 13, 2017, the court granted the EPA’s request for a delay.
• The EPA subsequently delayed releasing designations for which counties were or
were not in attainment with the ozone rule. The EPA missed its October 1, 2017
deadline, releasing the county designations in November and December 2017.
• As Attorney General of Oklahoma, Pruitt sued the EPA to block this rule.
2. Delayed defending the Mercury Rule – On April 18, 2017, the EPA asked the U.S. Court of
Appeals to delay oral arguments in a case challenging an EPA rule—finalized in 2012 and already
largely implemented—that limits the amount of mercury and other toxic air pollution that power
plants can release.
• On April 27, 2017, the court granted the EPA’s request to delay the case.
• As Attorney General of Oklahoma, Pruitt sued the EPA to block this rule.
3. Won’t enforce preconstruction permitting requirements under the Clean Air Act – As of
December 2017, the EPA will not “second-guess” companies’ estimates of how much new
pollution a facility will generate, which they are required to report as part of the New Source
Review under the Clean Air Act.
• The New Source Review requires companies that are building a new industrial facility
– or expanding or modifying an existing one – to show that the facility will not worsen
air pollution in already polluted areas.
4. Won’t enforce a rule to prevent power plant emissions during shutdowns and
malfunctions - On April 18, 2017, the EPA requested an indefinite delay of a court case
challenging a 2015 EPA rule eliminating automatic exemptions for excess emissions that occur
during power plant and refinery startups, shutdowns, or equipment malfunctions.
• On April 24, 2017, the U.S. Court of Appeals for the D.C. Circuit granted the EPA’s
request for a delay.
• As attorney general of Oklahoma, Pruitt sued the EPA to block this rule.
5. Withdrawing rule to reduce volatile organic compound emissions for oil and gas – In
December 2017, the EPA released its proposal to withdraw a 2016 rule to limit volatile organic
compound emissions from existing oil and natural gas operations.
6. Delayed defending the waiver for California to establish stricter emissions standards
for nonroad vehicles – EPA requested a delay in oral arguments in a case challenging the EPA’s
waiver to allow California to potentially develop stricter emissions standards for nonroad vehicles.
• On May 10, 2017, the court granted the EPA’s request for a delay.
7.

Delayed enforcing regional haze regulations –
• On April 14, 2017, the EPA announced a three-month stay of a plan to reduce air
pollutants from electric power plants in Arkansas in order to mitigate regional haze
problems and restore visibility in wilderness areas.
• On July 13, 2017, the EPA proposed giving three coal-fired power plants another 18
months to comply with limits on smog-forming nitrogen oxide emissions.
• On July 18, 2017, Pruitt informed the state of Utah that the EPA plans to reconsider a
2016 order requiring two coal-fired power plants in Utah to install new pollution
controls in order to reduce haze at nearby national parks.
• Following these actions in Arkansas and Utah, on August 18, 2017, the EPA asked
the U.S. District Court for the District of Columbia to delay a long-overdue deadline

 for the agency to submit a plan to clean up regional haze pollution from power plants
in Texas. The court rejected the EPA’s request.
8. October 17, 2017, the EPA released a final rule that allowed several Texas coal-fired
power plants to use an intrastate trading program instead of adding the best available
pollution controls.
9. Considering withdrawing Brick/Clay toxics emissions standards – On October 5, 2017,
the EPA asked the U.S. Court of Appeals for the D.C. Circuit to delay all proceedings in litigation
over toxic air pollution emission standards for facilities that manufacture brick and structural clay
products.
• The court denied the EPA’s request.
• On November 3, in light of concerns raised by the Brick Industry Association and
others, the EPA informed the court that it planned to reconsider the standards and
finalize the revised standards by 2019.
10. Accepting pollution from sewage treatment plants - On October 26, 2017, the EPA backed
off a proposal to reduce hazardous air pollutants from sewage plants. In its decision, the EPA
concluded the “risks resulting from emissions from the [publicly owned treatment works] source
category are acceptable.”
• In December 2016, the Obama administration had proposed several measures to
limit HAP emissions during the treatment of wastewater from residential, commercial,
and industrial sources.
11. Rescinding the Clean Power Plan and deregulate power plants – On October 16, 2017,
the EPA proposed a full repeal of the Clean Power Plan, including regulations on greenhouse gas
emissions from both new and existing power plants.
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As Attorney General of Oklahoma, Pruitt sued the EPA to block this rule.

12. Deregulating methane pollution from oil and gas facilities – On April 18, 2017, the EPA
announced that it planned to reconsider its 2016 rule to set limits on methane pollution from new
oil and gas wells and equipment. The EPA has since proposed delaying portions of the rule.
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On June 5, 2017, the EPA published its plan to reconsider the rule and announced a
90-day stay on the rule’s effective date, pending the reconsideration.
The U.S. Court of Appeals for the D.C. Circuit vacated this 90-day stay on July 3,
2017, and directed the EPA to implement the standards in another ruling on July 31,
2017.
In the interim, on June 13, 2017, the EPA proposed delaying portions of the rule for
two years and began collecting public comments.
As attorney general of Oklahoma, Pruitt sued the EPA to block this rule.

13. Deregulating methane pollution from landfills - On May 31, 2017, the EPA announced it
was staying limits on methane emissions from new and existing municipal solid waste landfills,
pending reconsideration of the rules.

 14. Deregulating greenhouse gas emissions from light-duty vehicles – On August 10, 2017,
the EPA and DOT opened a public comment period to reconsider the Obama administration’s
determination to maintain the greenhouse gas standards for light vehicles of model years 2022
through 2025.

15. Deregulating greenhouse gas emissions from heavy-duty trucks – On November 9, 2017,
the EPA proposed to repeal the 2016 greenhouse gas and efficiency standards for heavy-duty
trucks. They EPA has asked twice to delay implementing this rule.
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The EPA had asked in April 2017 that the U.S. Court of Appeals hold in abeyance for
90 days a lawsuit challenging the EPA’s 2016 rule setting greenhouse gas emissions
standards for medium- and heavy-duty trucks through model year 2027.