[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
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

[[Page 15]]

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.