Comment submitted by Mikal K. Hendee, MKH Engineering

SPCC plans are an engineering function that require the use of experience and autonomous judgement. Allowing small facilities and contractors to make a judgment concerning the integrity and safety of their own facilities would allow a non-engineer to engage in the practice of engineering in violation of nearly all state engineering laws. Furthermore, it sets the precedent for a conflict of interest. If the EPA were to adopt a rule to exempt small facilities from the PE certification requirement, the federal government, by administrative fiat, would be overriding the engineering licensing laws of the 50 states. Smaller facilities would be less likely to have the expertise on staff to self-regulate to ensure that they are in compliance with the EPA SPCC regulations. Many small facilities, if they were not required to use the expertise of a PE, would not be aware of the SPPC requirements, or would not implement engineering controls. Without the threat of regulation, many smaller facilities might be tempted to cut costs and allow their fuel storage facilities to deteriorate.