Joe Janecka, P.E., President and CEO of Lightning Environmental Services, is a licensed professional engineer in Texas and has over 30 years experience in Texas Air Quality programs and projects. From permit reviews and program development at the TCEQ to supporting clients in two major consulting firms, Joe has the experience and knowledge to assist all size and types of industrial, commercial, or institutional clients.
You’ve heard the advice of taking a used car to an independent mechanic for their opinion on a potential purchase… The same can be applied to pending purchases of industrial property that have air emissions as a characteristic of their operations.
Lightning Environmental has experience in due diligence reviews for air quality issues. Whether you are the buyer or seller, let Lightning Environmental take a look “under the hood” and provide an air regulatory assessment of a property or plant.
If you’re not in the buying or selling market, but just want to know where you stand in air compliance, let Lightning Environmental help you out. We have years of experience in regulatory reviews and keep up with the latest developments in air-related law and regulations.
We can also help you take the next step and formalize an environmental audit under the Texas Health and Safety Audit Privilege Act. These audits provide enforcement immunity under certain conditions and based on self-auditing, with rules that differ between an owner and recent buyer of a property. Lightning Environmental has experience in assisting companies with audits conducted with the TCEQ under the Audit Privilege Act.
And Lightning Environmental can help companies under an existing enforcement order, agreed order, or consent decree. Lightning Environmental will work with you and TCEQ or EPA coordinators in tracking, adjusting, and completing technical requirements of the order, including completing air permit applications, setting up testing events, or input on design of emission control equipment or operations.
You may have heard from a co-worker, a client, or a competitor there is a requirement to obtain an air permit from the state prior to construction of a facility (that might have air emissions). This is conditionally true, based on the Texas Clean Air Act (Texas Health and Safety Code 382) and various state regulations. Much of that requirement depends on the types of air emission sources that are being contemplated, plus geographic location, and several other factors.
Lightning Environmental Services is here to help you analyze your plans for construction and operation of plants or processes, and assist you on obtaining the necessary air permit type, to include additional advice and consultation for applicable air regulations. If you are amid the design of a new facility, or simply thinking about the feasibility of building a plant in Texas, let us connect and begin talking about how Lightning Environmental can support your plans. Email to info@lightenv.com, or call me at 512-635-1459 (Joe Janecka).
For your existing permitted facility:
For owner/operators who have an existing NSR or Title V permit – let Lightning Environmental assist you with any required modifications to the permit, or if any of those permits require renewal. In addition to the typical permit modifications for physical changes or changes in operation, Lightning Environmental has expertise in adjusting permits for new regulatory requirements, as well as updating or re-writing permit conditions for “as-built” or “as-operated” conditions. Email to info@lightenv.com, or call me at 512-635-1459 (Joe Janecka).
For your regulatory or compliance questions:
Lightning Environmental has expertise in answering questions regarding the applicability of air rules and regs to your facility, and assisting in achieving compliance with those requirements. We can also audit your facility for air rule compliance, prepare gap analysis to prepare for pending rules, or support your submission of audit notice and discovery of violations under the Texas Environmental, Health, and Safety Audit Privilege Act. The latter may apply to existing facility owners, or buyers of existing facilities. Email to info@lightenv.com, or call me at 512-635-1459 (Joe Janecka).
For determinations of Pollution Control Property – seeking tax relief:
Lightning Environmental can help by developing, submitting, and support of use determinations with the TCEQ as the necessary first step in seeking property tax exclusion under the Texas Tax Code §11.31. Email to info@lightenv.com, or call me at 512-635-1459 (Joe Janecka).
Lightning Environmental Services will review construction or modification plans to determine:
What type of data is needed, and: Is an air permit required?
If required, what type of air permit will be needed (Permit By Rule – PBR, standard permit, Readily Available Permit – RAP, case-by-case minor or major NSR permit)?
Scheduling factors considering permit approval prior to construction
Will a Title V permit be required?
Air permitting requirements vary depending on types of sources, geographic location, existing or new construction, potential emission rates and compounds, and existing or new permits (authorizations). Lightning Environmental has experience in all cases and phases of plans or construction, and can follow-up with permit application project(s) as needed.
For construction or modification that does not require authorization, is on the De Minimis list, or is authorized by a PBR that does not require registration, Lightning Environmental will prepare a Memo for Record to establish the determination.
As part of the analysis, and if the plant will become a Major Source or otherwise become subject to the Texas Title V permit program, Lightning Environmental will advise on a path forward. Lightning Environmental also has the expertise and resources to develop, submit, and support a Title V permit application project, if applicable.
Based on a determination of permit requirements, including type of permit, Lightning Environmental Services will develop, submit, and support an application to be submitted to the Texas Commission on Environmental Quality (TCEQ). This includes:
Registration for PBRs that require registration, or for those PBRs that the client wishers to voluntarily register. A registration package may include information on non-registered PBRs for completeness.
Registration for applicable Standard permit(s): initial issuance or renewal.
Application for a minor case-by-case NSR permit: initial issue, amendment, renewal, or alteration/revision.
Application for a major case-by-case NSR permit (PSD or nonattainment): initial issue or major modification. Since the “state” portion of the permit is merged with the PSD portion, Lightning Environmental will include any amendments or revisions as needed in a single project.
For sites subject to Greenhouse Gas (GHG) PSD permits, Lightning Environmental will include the necessary permit application work as applicable.
If during the Plant/Process Analysis it was determined that a project does not require approval from the TCEQ: “no permit required,” or is on the De Minimis list, or is authorized by a PBR that does not require registration, Lightning Environmental will prepare a Memo for Record to establish the determination.
The Memo should include a description of the plant or process, expected emissions, if any, and the regulatory citation supporting the determination, with a brief description how that determination was made.
Sites that have a potential to emit above major source thresholds are subject to the Title V permitting program in Texas. There are also some specific named sources that must also obtain a Title V operating permit – such Air Curtain Incinerators. Lightning Environmental Services has the expertise and resources to develop, submit, and support a complete application for Site Operating Permits or General Operating Permits based on site characteristics.
Lightning Environmental is prepared to assist with Title V permit actions such as initial issue, minor, administrative, and significant revisions, and renewals. Also, Lightning Environmental can assist with development and submission of off-permit notifications.
Lightning Environmental can assist with semi-annual Title V permit deviation reporting. More information can be found under our Compliance Assistance topic. Also, you contact us at info@lightenv.com or 512-635-1459 (Joe Janecka).
In addition to meeting requirements of air permit rules, facilities that are sources of air contaminants may be subject to a host of other federal and state air regulations. Lightning Environmental Services has the knowledge and resources to analyze the applicability and compliance aspects of these rules to sites and process units for our clients.
Lightning Environmental is prepared to assist facility owner/operators in determining the applicability of a rule, or its individual parts, and how to comply with the applicable citations. Where a rule may not be black and white, or subject to interpretation, Lightning Environmental will assist in obtaining interpretive opinions from a regulatory agency, or research for precedence and resolutions to similar rule situations, with the client’s position ever at the forefront.
Lightning Environmental can also advocate for a client’s position on pending or future rulemaking by EPA or the TCEQ. Lightning Environmental also has experience with conducting a “gap analysis”: what a client must do in preparation for future compliance dates in an existing rule.
No matter your past, present, or future state in air compliance, Lightning Environmental can help you navigate the complicated air regulatory landscape.
For assistance in air regulatory analysis, please contact us at info@lightenv.com or 512-635-1459 (Joe Janecka).
Operating your facility with the confidence that you are in compliance with all the applicable air regulations is good for the environment, and good for your business. Lightning Environmental Services as the expertise and resources to provide compliance assistance in several ways:
Develop compliance monitoring tools that can translate rule citations or permit conditions into day-to-day monitoring activities – many of which can be ordinary monitoring or recordkeeping being done for other reasons. As part of this service, Lightning Environmental may suggest altering permit monitoring conditions where efficiency is increased while meeting regulatory obligations.
To ascertain the compliance status of air requirements for an existing facility, or newly purchased property, Lightning Environmental will assist the client in conducting a self-audit under the Texas Environmental, Health, and Safety Audit Privilege Act. Lightning Environmental will guide the client through the TCEQ audit process to include notification to the agency, disclosure of violation, and ensuing corrective action plans. Lightning Environmental will continue with service to the client where those corrective actions include permit actions, alternative monitoring plans, alternative emission limits, or consultation on design/construction activities for the facility to meet air requirements.
Provide technical support and consultation to clients under an air enforcement case.[1] Similar to corrective actions made in an audit, Lightning Environmental is expertly positioned to assist with corrective actions (sometimes called “Technical Requirements”) in an enforcement case.
Lightning Environmental can assist Title V permit holders with semi-annual deviation reporting, and annual compliance certification requirements.
No matter your past, present, or future state in air compliance, Lightning Environmental can help you navigate the complicated air regulatory landscape.
For assistance in air compliance for your facility, please contact us at info@lightenv.com or 512-635-1459 (Joe Janecka).
[1] Lightning Environmental Services is not a law firm and cannot provide legal advice.
The State Tax Code, under §11.31, allows for tax exclusion of pollution control property. As a first step in this process Lightning Environmental Services will assist clients by applying for a “Use Determination” to the Texas Commission on Environmental Quality. Lightning Environmental will provide information for the determination to include all property used in pollution control at your site, with which you can use in your local tax appraisal district to seek that tax exclusion.
Lightning Environmental has historical records of past use determinations for “all shapes and sizes” of property meeting this tax code, and a knowledge base for pollution control rules and citations to support the determination applications.
If this is something you would like pursue, please contact us at info@lightenv.com or 512-635-1459 (Joe Janecka).
An Air Quality Environmental Firm, with a focus on Texas businesses.
Texas Registered Engineering Firm No. F-24734
Hello!
I am Joe Janecka, President and CEO of Lightning Environmental Services. After working in the air quality industry for over 30 years, with 5 of those years working for large international consulting firms, I started this company to continue my career, and serve my clients in a better way. Without the overhead typical of a larger organization, my rates are much more affordable. Also, without a large corporate management structure, I am much more agile to the needs of my customers.
My priorities are safety, advocacy, and value.
I believe safety is a culture and a mind-set. Preparation and understanding risks are key to good work habits, on- and off-site.
I stand-by my work product, and will support our project or compliance work before EPA or the TCEQ as needed.
It is my hope you feel you receive value for your money. I invite feedback during and after our work together, and I hope to repeat our business.
So, whether you just need some questions answered, or a start-to-finish permit application project, or anything in between, please give me a call or drop me an email. I look forward to our working together!
Joseph A. (Joe) Janecka, President and CEO of Lightning Environmental, has over 30 years experience in air quality environmental work in Texas. Over the last five years, Joe has worked for two large consulting firms, providing air quality services primarily in Texas.
In these past five years, Joe has provided air permitting and compliance consultation for several new plant feasibility studies. These include air permitting requirements for siting proposed new chemical plants in various locations around the Texas, including nonattainment areas.
Joe provided permitting strategy recommendations for air permits for many new construction and modification projects. The work ranged from “no permit required” memos to new major PSD air permits, and everything in between. Clients benefitted from Joe’s pursuit of the least expensive and time-consuming permitting processes that will meet regulatory requirements and the client’s business plans.
Joe worked with many clients in determining steps in meeting current rule requirements, or plans to meet future requirements for new rules with a compliance schedule. This included “gap analyses,” outlining actions required by certain dates to meet upcoming rule deadlines, such as the Miscellaneous Organics NESHAP rule MACT FFFF.
Joe has assisted with clients’ air regulatory audits, including self-audits under the Texas Health and Safety Audit Act and a NESHAP FF (BWON) audit, Title V Deviation Reporting, and aided in corrective actions for those clients under an Agreed Order with the State of Texas.
Prior to consulting, Joe served at the Texas Commission on Environmental Quality. During his tenure with the state, Joe reviewed hundreds of New Source Review and Title V permits, participated in the Title V program development for Texas, assisted regional investigators in permit reviews, wrote guidance for Title V permit holder for deviation reporting, analyzed bills during four legislative sessions for impact to TCEQ staff and operations, and many other guidance program development areas. He also participated in public hearings or meetings for NSR and Title V permits.
As important it is to understand the historical basis for many air-related rules and programs, Joe stays current in the latest policy and guidance from the EPA and Texas agencies. Whether that is new application tools, Title V petitions, federal NSR applicability including project emissions accounting and retrospective review, or Permit By Rule (PBR) policy, Joe understands how to apply these rules, policies, and guidance to the benefit of his clients.
You’ve heard the advice of taking a used car to an independent mechanic for their opinion on a potential purchase… The same can be applied to pending purchases of industrial property that have air emissions as a characteristic of their operations. Lightning Environmental has experience in due diligence reviews for air quality issues. Whether you…
Did you know that Texas enacted its own “Clean Air Act” in the mid-1960’s? Section 382 of the Texas Health and Safety Code established rules and a state agency to require “pre-construction permits” to authorize “air emissions” for industrial sources. Over many decades since, the Texas New Source Review program, as currently administered through the…
You’ve heard the advice of taking a used car to an independent mechanic for their opinion on a potential purchase… The same can be applied to pending purchases of industrial property that have air emissions as a characteristic of their operations. Lightning Environmental has experience in due diligence reviews for air quality issues. Whether you…
Did you know that Texas enacted its own “Clean Air Act” in the mid-1960’s? Section 382 of the Texas Health and Safety Code established rules and a state agency to require “pre-construction permits” to authorize “air emissions” for industrial sources. Over many decades since, the Texas New Source Review program, as currently administered through the…
