If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part 109 pursuant to §112.7(d), must the licensed Professional Engineer (PE) who reviews and certifies the SPCC Plan pursuant to §112.3(d) certify the contingency plan? If the owner or operator has submitted an FRP for the facility in question, must the PE certify the FRP?
PE certification is required for any SPCC Plan that may include a contingency plan following 40 CFR Part 109 when secondary containment is determined to be impracticable. The determination of impracticability involves good engineering practice and compliance with alternative measures in lieu of secondary containment. Therefore, the contingency plan is technically a material part of the SPCC Plan. No PE certification is required for an FRP, even when an impracticability determination is made pursuant to §112.7(d).