struction to proceed in nonattainment areas while maintaining progress toward NAAQS compliance. Moreover, both NSR and PSD have mandated the use of modern, clean technologies and practices in new facilities and in modified existing facilities throughout the nation. The application of BACT in conjunction with the requirements for NSPS has encouraged, indeed required, the continual development and application of new technologies that are more cost-effective, cleaner, or both. However, NSR and PSD have some limitations as well. Some of the more prominent aspects are discussed below.

The NSR- and PSD-permitting processes have become complex and time consuming, especially if there are disagreements between the permit seeker and the permitting agency. The ever-growing nature of the process is illustrated by EPA’s documentation describing NSR and PSD regulations, manuals, and guidance. About 30 pages in length in the early stages of the program, the documentation now exceeds 1,000 pages and is contained in numerous documents with which permit applicants and writers must be familiar (EPA 2002k). Representatives of industry complain that the process fosters inefficiencies and unduly discourages economic growth and innovation (NAM 2002). The process as currently organized can lead to conflicts between the goal of implementing improved emission-control technology as quickly as possible on the basis of BACT or LAER requirements and the need for firms to know what control technology will be required for new construction or modifications to existing facilities. Because of the lengthy time required to complete a permitting process and the rate at