Arizona Air Pollution Control Hearing Board

This report addresses the 12 Sunset Factors the Legislature is to consider in determining whether to continue or terminate the Air Pollution Control Hearing Board. The Air Pollution Control Hearing Board (Board) is responsible for hearing appeals of Arizona Department of Environmental Quality (ADEQ) decisions regarding air quality permits and related matters. The Board consists of five Governor-appointed members who serve three-year terms. This review determined that no significant harm to the public would likely result if the Board were terminated. However, the Board does provide an appeal opportunity that is less costly to the taxpayers and more accessible than appeal through Superior Court, and is unlike other ADEQ appeal processes for which the ADEQ Director has final authority. This review recommends that the Legislature make the following changes if it decides to continue the Board: 1) enact a statutory requirement to again stagger the terms of the Board members as originally intended; 2) amend A.R.S. §49-423 to specify the level of expertise required for membership on the Board; 3) provide the Board’s administrative support from an agency other than ADEQ to increase the Board’s appearance of independence; and 4) repeal or amend Laws 1990, Chapter 42 §1, which contains a statement of the Board’s purpose that does not reflect the Board’s statutory duties. In addition, the report recommends that the Board take steps to ensure that its files contain hearing advertisements, documentation of appeal outcomes, and if available, court reporters’ transcripts of hearings.