Waste Management of New Hampshire, Inc. 

Turnkey Recycling & Environmental Enterprise

90 Rochester Neck Road 

P.O. Box 7065 

Gonic, NH 03839

Final NOx RACT ORDER

 August 26, 2002

Revised August 11, 2011 

Revised April 27, 2012 

ARD-01-001

 

A. Introduction

This revised NOx RACT Order is issued by the New Hampshire Department of Environmental Services, 

Air Resources Division, to Waste Management of New Hampshire, Inc., pursuant to RSA 125-C. 

B. Parties

1. The New Hampshire Department of Environmental Services, Air Resources Division (DES), is a duly 

constituted administrative agency of the State of New Hampshire having its principal offices at 29 

Hazen Drive, Concord, NH 03302-0095, telephone number (603) 271-1370. 

2. Waste Management of New Hampshire, Inc. (WMNH) is a Connecticut corporation, having a mailing 

address of 4 Liberty Lane, Hampton, NH 03842. 

C. Statements of Fact and Law

1. WMNH owns and operates the Turnkey Recycling and Environmental Enterprise (TREE) facility, 

which encompasses an area of approximately 1,248 acres of land located to the north and south of 

Rochester Neck Road in Rochester, New Hampshire. 

2. TREE (the Facility) is an integrated solid waste management facility, which is permitted to operate as

such by DES. 

3. Operations at the Facility currently include the maintenance of two closed municipal solid waste 

landfills (MSWLFs) as well as the management of an active MSWLF, a materials recovery facility 

(MRF), a leachate treatment plant, landfill gas collection and control systems, and two landfill gas-toenergy plants. 

4. The active MSWLF is identified as the TLR-III Refuse Disposal Facility and is operated on land 

located at 90 Rochester Neck Road in Rochester, New Hampshire. 

5. The Facility has several emission control devices – including engines, turbines, and flares – that 

combust landfill gas collected from the two closed landfills and one active landfill. Exhaust gases 

from these devices contain oxides of nitrogen (NOx). 

6. Effective May 20, 1994, DES adopted Part Env-A 1211 Nitrogen Oxides (NOx) of the New 

Hampshire Code of Administrative Rules, which established procedures for meeting the requirements 

of Reasonably Available Control Technology (RACT) for NOx, including schedules for compliance. 

Effective October 31, 2010, DES adopted Env-A 1300 Nitrogen Oxides (NOx) Reasonably Available 

Control Technology (RACT) which replaced Env-A 1211.Pursuant to Env-A 1314, Miscellaneous 

Stationary Sources, WMNH is required to obtain a RACT order from the department in accordance 
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ARD-01-001 Page 2 of 6 

 with Env-A 1316. In addition, WMHH must comply with Env-A 905 NOx Emission Statement 

Recordkeeping Requirements and Env-A 909 NOx Emission Statement Reporting Requirements. 

7. Pursuant to Env-A 1316.04(c), the facility is required to submit the previous calendar year NOx 

emissions for each device covered by the RACT Order. Actual NOx Emissions for calendar year 2009 

were reported as 81.104 tons including emissions from insignificant activities. Reported NOx 

emissions from Flare 2, 3 and 5 were 56, 4, and 284 pounds respectively. The flares are used only 

when combustion of the landfill gas in energy recovery systems are not available. 

8. WMNH filed a "Compliance Schedule and RACT Evaluation for NOx Emissions" dated September 

19, 1994. 

9. At the time of the filing of the “Compliance Schedule and RACT Evaluation for NOx Emissions", 

WMNH operated only one flare (Flare No. 1) but had proposed to install an additional flare (Flare No. 

2). WMNH installed Flare No. 2 in 1995. 

10. In the “Compliance Schedule and RACT Evaluation for NOx Emissions,” WMNH estimated that the 

NOx emission rate for Flare No. 1 was 2.39 pounds per hour (lb/hr) and proposed an emission rate of 

2.86 lb/hr for Flare No. 2. 

11. In 1997, WMNH altered the operation of the blower that is used to move landfill gas to Flare No. 1. 

This alteration increased the flow capacity to Flare No. 1 from 1,270 standard cubic feet per minute 

(scfm) to 1,400 scfm. By increasing potential gas flow to this flare, the maximum gross heat input to

Flare No. 1 increased from 38 million British Thermal Units per hour (MMBtu/hr) to 41.9 MMBtu/hr, 

based on a lower heating value (LHV) of 500 Btu/scf for landfill gas. As a result of this change, the

estimated NOx emission rate for Flare No. 1 increased to 2.86 lb/hr, matching that of Flare No. 2. 

12. On May 18, 1998, DES issued amended permits for Flare No. 1 (PO-B-2545) and Flare No. 2 (PO-B1927). Each permit specified a maximum gross heat input of 41.9 MMBtu and a NOx emission 

limitation of 2.9 lb/hr for its respective device. 

13. WMNH filed a permit application dated June 15, 2000, to construct an enclosed, or ultra-lowemissions, flare (Flare No. 3) for the purpose of increasing the Facility’s landfill gas control capacity. 

14. WMNH filed a permit application dated May 29, 2001, to install up to 10 passive “candlestick” flares. 

 WMNH subsequently withdrew this permit application on April 23, 2002. 

15. DES issued a permit (TP-B-0482) dated November 11, 2001, for Flare No. 3. The permitted 

maximum gross heat input of 115.5 MMBtu/hr was based on a flow rate of 3,500 scfm at a higher 

heating value (HHV) of 550 Btu/scf for landfill gas. The NOx emission limitation was set at 2.9 lb/hr, 

based on an emission rate of 0.025 lb/MMBtu (equivalent to 13.8 lb/MMscf). 

16. On April 23, 2002, WMNH filed a permit application for portable Flare No. 4. DES issued a permit 

(TP-B-0487) dated August 22, 2002, for portable Flare No. 4. The permitted maximum gross heat 

input of 26.4 MMBtu/hr was based on a flow rate of 800 scfm at a higher heating value (HHV) of 550 

Btu/scf for landfill gas. The NOx emission limitation was set at 1.8 lb/hr based on an emission rate of 

0.068 lb/MMBtu (equivalent to 37.4 lb/MMscf). 

17. On August 26, 2002, DES issued a NOx RACT Order setting a NOx limit of 2.9 lb/hr for each of 

Flares No. 1, No. 2, No. 3, and 1.8 lb/hr for Flare 4 consistent with previously established permit 

limits. 
Waste Management of NH, Inc. April 27, 2012 

ARD-01-001 Page 3 of 6 

18. DES issued an amended permit (TP-B-0482) on January 6, 2003, for Flare No. 3. The revision was 

made after field performance tests in July 2002 demonstrated that higher flow rates could be achieved 

without exceeding emission limits established in the original permit. The permitted maximum gross 

heat input was revised to 128.7 MMBtu/hr, corresponding to an increase in the maximum flow rate to 

3,900 scfm. While the NOx emission limitation was held at 2.9 lb/hr, the effective emission rate was 

reduced from 13.8 to 12.3 lb/MMscf as a result of the higher flow rate. 

19. WMNH filed a permit application dated November 17, 2005, to add two more flares for the purpose of 

increasing the Facility’s landfill gas control capacity. The application was filed as a requirement of a 

Consent Decree between WMNH and the State of New Hampshire as approved by the Strafford 

County Superior Court on March 1, 2006. The Consent Decree required the addition of an open flare 

(Flare No. 5) and an ultra-low-emissions flare (Flare No. 6). The application also proposed the 

permanent removal from service of Flare No. 4 and the reassignment of Flare No. 1 to backup status. 

20. WMNH submitted a permit application dated April 27, 2006, to establish short-term emission limits 

and annual emission caps for certain pollutants and certain control devices at the Facility. This 

application was filed as a requirement of the Consent Decree. In the application, WMNH requested an 

increase in the hourly NOx emission limit to 3.37 lb/hr for each of Flare No. 1 (as backup) and Flare 

No. 2, based on an increased flow rating of 1,495 scfm, corresponding to a gross heat input of 49.5 

MMBtu/hr, and an emission factor of 37.4 lb/MMscf. The latter value is approximately equivalent to 

the USEPA emission factor of 0.068 lb/MMBtu for landfill gas at an HHV of 550 Btu/scf. 

21. On September 12, 2006, DES issued a Temporary Permit (TP-B-0525) providing for the construction 

and operation of Flare No. 5 and Flare No. 6. The permit also designated Flare No. 1 as a backup 

device to be used only when another permitted control device at the Facility was not able to operate. 

22. Flare No. 5 has a permitted maximum capacity of 3,200 scfm, corresponding to a gross heat input of 

105.6 MMBtu/hr at an HHV of 550 BTU/scf for landfill gas. The hourly NOx emission limitation for 

this device was set at 7.2 lb/hr, based on an emission rate of 0.068 lb/MMBtu (equivalent to 37.4 

lb/MMscf). 

23. Originally, Flare No. 6 was permitted at a maximum capacity of 3,500 scfm, corresponding to a gross 

heat input of 115.5 MMBtu/hr at an HHV of 550 BTU/scf for landfill gas. The hourly NOx emission 

limitation for this device was set at 2.9 lb/hr, based on an emission rate of 0.025 lb/MMBtu (equivalent 

to 13.8 lb/MMscf). 

24. In June 2007, field performance tests of Flare No. 6 demonstrated that this device was capable of 

meeting established emission limitations: Actual emission rates of NOx (and CO) were less than 

permitted maximum levels. On the basis of these results, WMNH filed a permit application dated 

October 1, 2007, seeking to increase the permitted maximum flow rate for Flare No. 6 from 3,500 

scfm to 4,000 scfm with no change in the permitted maximum hourly emission rates. The increased 

flow rate is equivalent to a maximum gross heat of input of 132.0 MMBtu/hr at an HHV of 550 BTU/scf 

for landfill gas. 

25. An amended temporary permit (TP-B-0525) for Flare No. 6 was issued by DES on September 11, 

2008 to increase the permitted maximum flow rate from 3,500 scfm to 4,000 scfm. The permit 

retained the previously established short-term NOx limit of 2.9 lb/hr, based on a NOx emission rate of

0.0219 lb/MMBtu (equivalent to 12.0 lb/MMscf). 
Waste Management of NH, Inc. April 27, 2012 

ARD-01-001 Page 4 of 6 

26. WMNH discontinued the operation of Flare No. 6 in July 2008 in order to make additional space 

available within the area previously developed as the North Flare Station. The creation of this 

additional space served to accommodate the installation of process equipment associated with the 

construction and operation of the Landfill Gas Processing Facility (LGPF) owned by the University of 

New Hampshire (UNH). According to WMNH, Flare No. 6 was dismantled at this time by completely 

disconnecting both combustion air and landfill gas supply piping. The Air Permit for Flare No. 6 

remained valid until the issuance of TP-0065. 

27. The amended temporary permit (FP-T-0168) issued by DES on September 11, 2008 set a short-term 

NOx limit of 3.4 lb/hr for each of Flare No. 1 (as backup) and Flare No. 2, based on a permitted 

maximum flow capacity of 1,500 scfm for each device. 

28. WMNH has claimed that it is not possible to reduce NOx emissions from the open flares and therefore 

has proposed no controls or modifications to the open flares as RACT. WMNH has stated that because 

combustion occurs in the open with flares of this type, staging of combustion is not feasible. WMNH 

has further stated that even if staged combustion was feasible, it would not likely achieve additional

reductions in NOx emissions because the flame temperature is relatively low. 

29. WMNH contacted two leading flare vendors, John Zink Company and NOA, Inc., to research the 

feasibility of add-on NOx control technology. Neither vendor was aware of any installation where 

add-on NOx controls had been applied to either open or enclosed flares. 

30. A search by WMNH of the USEPA Best Available Control Technology/Lowest Achievable Emission 

Rate (BACT/LAER) Information System database failed to reveal the use of add-on NOx control 

technology on flares. 

31. In 2009, the University of New Hampshire (UNH) began commercial operation of the landfill gas 

treatment system and pipeline to provide fuel to generate power at UNH’s Durham campus. UNH’s 

landfill gas usage greatly reduced the usage of flares at the TREE facility. 

32. WMNH submitted a permit application received by DES on June 22, 2010 for the installation of a 

Leachate Concentrator system. WMNH also submitted a permit application received by DES on 

August 23, 2010 for the expansion of TLR-III (Phases 9-14). These applications proposed the removal 

of Flare No. 1 and Flare No. 6. Flare No. 3 was retained in the permit to allow WMNH to have 

sufficient flaring capacity for the landfill gas independent of UNH. Based on current gas generation,

gas collection and gas control capacity provided by available combustion devices, including WMNH 

turbines and engines, Flare 3 is not currently needed. 

33. DES has used a combination of EPA-published emission factors and manufacturer’s performance 

standards for NOx emissions in the preparation of this NOx RACT Order. These NOx emission rate 

values, expressed in units of either lb/MMscf or lb/MMBtu, as follows: 

a. For open flares, an emission rate of 0.068 lb/MMBtu, equal to USEPA’s emission factor for 

industrial flares as listed in Table 13.5-1 of Compilation of Air Pollutant Emission Factors, AP-42, 

5th Edition. This emission rate is equivalent to 37.4 lb NOx/MMscf at a HHV of 550 Btu/scf for 

landfill gas. 

b. For ultra-low emission (ULE) or pre-mix type enclosed flares, an emission rate of 0.025 lb 

NOx/MMBtu, equal to the manufacturer’s performance guarantee for Flare No. 3. This emission 

rate is equivalent to 13.8 lb/MMscf at a HHV of 550 Btu/scf for landfill gas. 
Waste Management of NH, Inc. April 27, 2012 

ARD-01-001 Page 5 of 6 

34. On July 18, 2011, WMNH submitted a request for an amendment to the NOx RACT Order to revise 

the testing requirements for the enclosed flares. Stack testing cannot be conducted on open flares to

verify emission rates. Periodic stack testing can be performed on enclosed flares to verify emission 

rates. Env-A 800 requires stack testing every three years to verify compliance with NOx RACT 

requirements. 

35. WMNH control device capacity in conjunction with the landfill gas treatment system and control 

device capacity at UNH currently exceeds the actual amount of landfill gas generated and collected. 

Currently, WMNH does not need the flaring capacity to control the landfill gas. Instead WMNH sells 

the landfill gas to UNH and also uses the landfill gas in its turbines and engines to generate electricity. 

 To maintain the ability to control the landfill gas in the future with the flares if necessary, WMNH 

keeps the flares on-site. At the time that WMNH needs to use Flare 3 or any ULE or pre-mix 

enclosed flare, WMNH will bring such flare into full operation and conduct testing within 120 days of 

operating. 

D. Order

On the basis of the above statements and facts of law, DES hereby orders WMNH as follows: 

1. Comply with a performance standard of 37.4 lb of NOx/MMscf for Flare No. 2, Flare No. 5, and any 

future open flare, assuming 0.068 lb NOx/MMBtu and a HHV of 550 Btu/scf for landfill gas. 

2. Comply with a performance standard of 13.8 lb of NOx/MMscf for Flare No. 3, and any future ultralow emission (ULE) or pre-mix type enclosed flare, assuming 0.025 lb NOx/MMBtu and a HHV of 

550 Btu/scf for landfill gas. 

3. Operate at all times that landfill gas is routed to the device and maintain (when device is operating)

Flare Nos. 2, 3, 5, and any future flares in accordance with the manufacturer’s specifications. 

4. Maintain at the facility, and make available for review by DES and/or EPA upon request, a copy of the 

manufacturer’s specifications for each installed flare. 

5. Conduct an initial compliance stack test for any new future ULE or pre-mix type enclosed flare by the 

earlier of 60 days of achieving maximum production rate or within 180 days of startup to demonstrate 

compliance with the performance standard in Item D.2. above. 

6. Except as provided in Item D. 7, conduct periodic performance testing on Flare No. 3 and any future 

ULE or pre-mix type enclosed flare at least every three years or within 12 calendar quarters after the

date of the last NOx RACT stack test, in accordance with Env-A 800 to demonstrate compliance with 

the performance standard in Item D. 2 above. 

7. If Flare 3 or any ULE or pre-mix type enclosed flare has not operated during the 120 days prior to the

end of the quarter in which periodic testing must be performed, conduct testing within 120 days after 

the date on which the flare is operated. WMNH shall notify DES to determine if additional air 

permitting requirements are applicable prior to making the flare operational and conducting such 

delayed testing. 

8. Maintain records indicating the days on which Flare 3 and each ULE or pre-mix enclosed flare 

operated. 
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9. Along with the Semi-Annual Permit Deviation and Monitoring report, submit a summary of the 

operating day records for Flare 3 and each ULE or pre-mix enclosed flare for receipt by DES by 

January 31 and July 31 of each calendar year. 

10. Maintain up-to-date records of any manufacturer-specified or manufacturer-recommended maintenance 

performed on each flare. 

11. Comply with the recordkeeping and reporting requirements of Chapter Env-A 900 of the New 

Hampshire Code of Administrative Rules. 

Please address any correspondence and communication in reference to this Order to: 

Ms. Elizabeth Nixon 

NHDES, Air Resources Division 

29 Hazen Drive 

P.O. Box 95 

Concord, NH 03302-0095 

(603) 271-1370 

_______________________________ 

Craig A. Wright, Assistant Director 

Department of Environmental Services 

Air Resources Division 

CAW/ern 

 cc: Timothy Drew, PIP Office 

Bob McConnell, US EPA 

City of Rochester 

Michael North, GZA