AQ_F_1200076_20220826_CMPL_NOV (4)

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ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
MICHAEL ABRACZINSKAS NORTH CAROLINA
Director Environmental Quality
August 26, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Richard Boyens
General Manager
SAFT American, Inc.
313 Crescent Street
Valdese,NC 28690
SUBJECT: Notice of Violation
15A NCAC 2D .2100—Risk Management Program
SAFT American, Inc.
Valdese, Burk County,North Carolina
EPA ID Number: 1000-0008-7595
Facility ID Number: 1200076
Dear Mr. Boyens:
On July 20, 2022, Amro Ali, with the Division of Air Quality's Asheville Regional Office, met
with your staff to conduct an inspection to determine compliance with 15A NCAC 2D .2100 "Risk
Management Program" (RMP). To determine compliance, the focus of the inspection was on the
storage and safe use of sulfur dioxide. Based on findings during the inspection, Mr. Ali concluded
that SAFT America, Inc. has failed to adequately implement the program for the covered process.
Specifically,the facility failed to comply with the following:
(1) Operating Procedures [§68.69(c)] —The owner/operator must certify annually that
operating procedures are current and accurate. According to records available at the
time of the inspection on July 20, 2022, the most recent certifications were conducted
by the facility in May 2017, and October 2021. Therefore, it appears that SAFT
America, Inc. failed to certify operating procedures annually during calendar years
20181 2019, and 2020.
(2) Training [§68.71(b)] —All employees involved with the regulated process need to
fully understand the safety and health hazards of the chemicals and processes they
work with so they can protect themselves, their fellow employees, and the citizens of
nearby communities. Refresher training should be provided at least once every three
years or more often if necessary to each employee involved in operating a process.
The owner or operator shall prepare a record that contains the identity of the
employee, the date of training, and the means used to verify that the employee
understood the training.
According to documentation reviewed during the inspection, it appears that the
facility performed refresher training in July 2017, but the next refresher training was
not completed until July 2021. Therefore, it appears the SAFT America Inc. failed to
conduct the required refresher training within three years of the previous training.
North Carolina Departirent of Environmental Qtjality Division of Air Quality
Asheville Regional Office 2090 U.S.Highway 70 - Swannanoa.North Carolina 28778
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Dapar6nent of Enviranmenfai Qualify 828.296.4500 T 1 828.299.7043 F

Mr. Boyens
August 26, 2022
Page 2
(3) Compliance Audits [§68.79(a) and (d)] —The owner/operator must conduct a
compliance audit certifying the evaluation of the design and effectiveness of the
entire prevention program at least once every three years. The owner/operator must
then determine the appropriate response to audit findings and documented corrective
actions to address deficiencies.
Based on documentation reviewed during the inspection, the facility performed a
compliance audit in March 2017, but the following compliance audit was not
conducted until January 2021. Therefore, SAFT America, Inc. failed to complete the
most recent compliance audit within three years of the previous audit. Additionally,
the facility failed to document corrective actions take to address deficiencies found
during the compliance audit conducted in January 2021.
(4) Emergency Response Coordination [§68.93] —Effective September 21, 2018,
because Saft America, Inc. is operating as a "non-responding facility", the facility is
required to coordinate with local emergency planning and response organizations to
discuss any changes in the regulated process, or potential changes to the
owner/operator's emergency response and/or the community emergency response
plan, at least annually. The owner or operator is responsible for documenting these
coordination activities with local authorities, including: the names of individuals
involved and their contact information, dates of coordination activities, and nature of
coordination activities.
At the time of the inspection, the only records regarding emergency response
coordination covered a meeting with the Town of Valdese Fire Department in April
2021. Although this requirement became effective on September 21, 2018, there
were no records documenting coordination activity between SAFT America, Inc. and
local emergency response authorities during previous years. Therefore, it appears
SAFT America, Inc. failed to conduct and document emergency response
coordination at least annually.
SAFT America, Inc. failed to demonstrate compliance with several elements of the Risk
Management Program. As such,this letter serves as a Notice of Violation to address the failure
to fulfill some of the requirements contained in Section 112(r).
Please respond in writing to the Asheville Regional Office by no later than September
16, 2022. The response should outline the steps that you plan to take or have taken to ensure that
the facility is in full compliance with all the requirements of 40 CFR Part 68. It should be noted
that the violation(s) cited in this letter and any additional documented violations could result in
the initiation of an enforcement action by this office in accordance with North Carolina General
Statute 143-215.114A, which provides for the assessment of civil penalties.
If you have any questions with reference to this matter, please do not hesitate to contact
Mr. Amro Ali or me at [phone].
Sincerely,
� l
Brendan Davey, P.E., Regional Supervisor
Division of Air Quality,NCDEQ
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