[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR64.8]

[Page 14-15]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64 - COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec. 64.8  Quality improvement plan (QIP) requirements.

    (a) Based on the results of a determination made under 
Sec. 64.7(d)(2), the Administrator or the permitting authority 
may require the owner or operator to develop and implement a QIP. 
Consistent with Sec. 64.6(c)(3), the part 70 or 71 permit may 
specify an appropriate threshold, such as an accumulation of exceedances 
or excursions exceeding 5 percent duration of a pollutant-specific 
emissions unit's operating time for a reporting period, for requiring 
the implementation of a QIP. The threshold may be set at a higher or 
lower percent or may rely on other criteria for purposes of indicating 
whether a pollutant-specific emissions unit is being maintained and 
operated in a manner consistent with good air pollution control 
practices.
    (b) Elements of a QIP:
    (1) The owner or operator shall maintain a written QIP, if required, 
and have it available for inspection.
    (2) The plan initially shall include procedures for evaluating the 
control performance problems and, based on the results of the evaluation 
procedures, the owner or operator shall modify the plan to include 
procedures for

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conducting one or more of the following actions, as appropriate:
    (i) Improved preventive maintenance practices.
    (ii) Process operation changes.
    (iii) Appropriate improvements to control methods.
    (iv) Other steps appropriate to correct control performance.
    (v) More frequent or improved monitoring (only in conjunction with 
one or more steps under paragraphs (b)(2)(i) through (iv) of this 
section).
    (c) If a QIP is required, the owner or operator shall develop and 
implement a QIP as expeditiously as practicable and shall notify the 
permitting authority if the period for completing the improvements 
contained in the QIP exceeds 180 days from the date on which the need to 
implement the QIP was determined.
    (d) Following implementation of a QIP, upon any subsequent 
determination pursuant to Sec. 64.7(d)(2) the Administrator or 
the permitting authority may require that an owner or operator make 
reasonable changes to the QIP if the QIP is found to have:
    (1) Failed to address the cause of the control device performance 
problems; or
    (2) Failed to provide adequate procedures for correcting control 
device performance problems as expeditiously as practicable in 
accordance with good air pollution control practices for minimizing 
emissions.
    (e) Implementation of a QIP shall not excuse the owner or operator 
of a source from compliance with any existing emission limitation or 
standard, or any existing monitoring, testing, reporting or 
recordkeeping requirement that may apply under federal, state, or local 
law, or any other applicable requirements under the Act.