PROTECT
OUR
PINEY WOODS
WHEN A TEXAS CONSTRUCTION PROJECT SHOULD REQUIRE AN INDIVIDUAL TCEQ STORMWATER PERMIT
Large construction projects in Texas are often covered under TCEQ’s statewide Construction General Permit, known as TPDES General Permit TXR150000. A general permit is designed for projects that can meet standard statewide requirements. But a project is not automatically entitled to general-permit coverage simply because it files a Notice of Intent or posts a construction notice.
Under TXR150000, the TCEQ Executive Director has authority to require an individual TPDES stormwater permit when site-specific risks require greater review, stronger conditions, and more accountability. An individual permit can require a more detailed technical review, public notice, an opportunity for contested-case participation in appropriate circumstances, site-specific discharge limits, monitoring, reporting, and enforceable protections tailored to the receiving waters.
Four Reasons TCEQ Can Require an Individual Permit
The Executive Director may require an operator otherwise eligible for general-permit coverage to apply for an individual permit when one or more of the following circumstances exists:
1. The receiving water is subject to an approved TMDL or TMDL Implementation Plan.
A Total Maximum Daily Load (TMDL) is a pollution budget for an impaired water body. A TMDL Implementation Plan, often called an I-Plan, identifies actions needed to restore or protect that water body. If stormwater from a construction project drains to a creek, river, lake, wetland, or tributary covered by an approved TMDL or I-Plan, TCEQ may require an individual permit rather than relying on standard general-permit conditions.
2. The discharge causes, could reasonably cause, or contributes to a violation of water-quality standards.
The general permit does not authorize discharges that cause, have a reasonable potential to cause, or contribute to a violation of Texas water-quality standards. This can include concerns involving sediment, erosion, turbidity, construction debris, petroleum products, concrete washout, altered drainage patterns, flooding, loss of stream stability, or runoff entering drinking-water sources, lakes, rivers, creeks, wetlands, or tributaries. Residents do not have to wait until damage is complete. The permit allows TCEQ to evaluate whether a project has a reasonable potential to cause a violation.
3. The discharge causes, could reasonably cause, or contributes to the loss of a designated use of the receiving water.
Texas waters have designated uses, such as aquatic-life habitat, drinking-water supply, recreation, fishing, or other protected uses.
If construction runoff could impair those uses — for example, by increasing sediment, damaging aquatic habitat, affecting a drinking-water reservoir, harming a fishery, or changing stream conditions — TCEQ may require an individual permit.
4. The operator has an unsatisfactory compliance history or has been out of compliance with TCEQ rules, orders, permits, or fees.
A company with an “unsatisfactory” TCEQ compliance-history rating is not eligible for coverage under the Construction General Permit.
TCEQ may also require an individual permit when an operator has a history of noncompliance with TCEQ rules, orders, permits, or assessed fees.
What Residents Should Ask TCEQ To Do
Ask TCEQ to make a written determination whether the project remains eligible for TXR150000 general-permit coverage.
Specifically request that the Executive Director require the operator to apply for an individual TPDES permit under TXR150000, Part II.H.3 because of the site-specific risks identified.
Your request should identify:
Project name, company, county, and physical location.
TCEQ authorization number, Notice of Intent number, or regulated entity number, if known.
The creek, lake, wetland, drainage ditch, tributary, or receiving water affected.
Maps, photographs, videos, rainfall observations, flood history, erosion evidence, or drainage information.
Any impaired-water listing, TMDL, I-Plan, drinking-water source, wetland, floodplain, sensitive habitat, or downstream public-water concern.
Any known compliance problems involving the operator, developer, contractor, or affiliated entities.
A clear request for TCEQ to require an individual permit before additional land disturbance or discharge occurs.
Who To Contact
TCEQ Stormwater Permits Team
For a formal written request that TCEQ evaluate whether an individual permit is required:
Email: mailto:SWGP@tceq.texas.gov
Phone: 512-239-4671 (tel:512-239-4671)
Mail:
Stormwater Permits Team, MC-148
Water Quality Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
TCEQ Environmental Complaint Line
For active erosion, sediment leaving the site, polluted runoff, unpermitted clearing, missing site notices, concrete washout, fuel spills, flooding, or other suspected violations:
Phone: 888-777-3186 (tel:888-777-3186)
Online: TCEQ “Make an Environmental Complaint” form
Your complaint is routed to the appropriate TCEQ regional office.
Local TCEQ Regional Office
Send the same written request and evidence to the TCEQ regional office serving the county where the project is located. Regional offices conduct inspections and are often the fastest route for documenting active site conditions.
Suggested Request Language
We request that the TCEQ Executive Director evaluate whether this project remains eligible for coverage under TPDES Construction General Permit TXR150000. Based on the site-specific risks to receiving waters, we request that TCEQ require an individual TPDES permit under Part II.H.3 of TXR150000 before additional construction activity or stormwater discharge proceeds.
We believe the project may meet one or more grounds for individual-permit review, including: applicable TMDL or I-Plan requirements; reasonable potential to violate water-quality standards; reasonable potential to impair a designated use of receiving waters; and/or operator compliance-history concerns. We request a written response identifying TCEQ’s review, the receiving waters evaluated, the applicable water-quality protections, and the basis for TCEQ’s determination.
ANNOUNCEMENT
Community Opposition Meeting
Monday, March 30, 2026 at 5:30pm
5301 E Main Nacogdoches, TX
BREAKING ALERT!
STAY VIGILENT: OUR PINEY WOODS ARE AT STAKE!
Over 4000 acres near Shady Grove, Nacogdoches County, just leased by Middlebrook and Mast to RWE Solar Development, LLC for yet another MASSIVE Solar and BESS project.
ALERT
New Federal "Energy Relief" Bill is a Trojan Horse for Unchecked Solar Expansion
It Reinstates the "Solar At Any Cost" Agenda
While the Protect Our Piney Woods Coalition fights on the front lines in Nacogdoches County to stop the deceptive Spindletop/Banita Creek project, a new threat has emerged from Washington D.C. Reps. Sean Casten (IL) and Mike Levin (CA) have introduced the Energy Bills Relief Act (EBRA). While the name sounds helpful, the fine print tells a different story. This bill is a direct attempt to reverse the common-sense energy protections established under the Trump administration and double down on the very "green" subsidies that are currently destroying our East Texas landscape.
This bill seeks to reinstate and expanded massive tax credits and direct federal grants for large-scale solar developers. These are the same subsidies that allow out-of-state private equity firms to clear-cut millions of trees in our Piney Woods for "green" energy that isn't even for our local grid.
It Targets the Heart of Trump's Energy Policy
The EBRA is designed to dismantle the energy independence framework built under the Trump administration—policies that prioritized American baseload power and protected rural property rights from federal overreach. By reversing these bills, the EBRA gives more power to federal bureaucrats to "fast-track" projects like Banita Creek over the objections of local citizens.
We don’t need "relief" that comes at the cost of our trees, our property values, and our national security. We need a return to energy policies that respect local control and don't use taxpayer dollars to fund the destruction of the Oldest Town in Texas.
TAKE ACTION: Share this information and let our representatives know that Nacogdoches County is not for sale to the highest "green energy" bidder. We stand for the Piney Woods, not DC-funded solar scams.
It Ignores the Local Environmental Cost
The authors of this bill claim it helps "marginalized communities," yet it provides zero protection for the rural communities being sacrificed for these projects. There is no mention of the FEMA flood zone violations or the destruction of Wildlife Management Areas that we are fighting right here in Texas.
It Encourages More Deception
By flooding the market with new federal grants, the EBRA incentivizes developers to use deceptive tactics to qualify for "infrastructure" money. We are already seeing this in Nacogdoches with the "no-BESS" lies; this bill would only provide more taxpayer-funded "carrots" for developers to hide the true nature of their projects to get their hands on your money.
BLOG: THE PERFECT STORM — NATIONAL SECURITY, DECEPTION, AND THE VACUUM OF SAFETY IN NACOGDOCHES COUNTY
Published: March 12, 2026
Nacogdoches County is currently the "Ground Zero" for a dangerous experiment in unregulated industrial expansion. What is being sold to us as "clean energy" is actually a high-stakes gamble involving foreign influence, deceptive corporate filings, and a total collapse of safety oversight.
I. THE CCP THREAT: SKIRTING THE LONE STAR PROTECTION ACT
Texas law is clear: The Lone Star Infrastructure Protection Act (LSIPA) prohibits companies tied to hostile foreign governments—specifically the Chinese Communist Party (CCP)—from accessing our critical infrastructure. However, in the Piney Woods, we are seeing evidence that these rules are being ignored:
Contradictory Filings: Developers like Parliament Energy have stood before our community and claimed their projects (like Spindletop/Banita Creek) will not include battery storage. Yet, official ERCOT and PUC filings (pg. 29) clearly show these projects are designed with massive Battery Energy Storage Systems (BESS).
The Equipment Discrepancy: On-site equipment list and site map do not match what has been reported to the state. This "bait and switch" allows developers to potentially install prohibited CCP-aligned hardware—such as CATL components currently under investigation by Attorney General Ken Paxton —without anyone at the county or state level verifying the source.
II. THE FIRE SAFETY VACUUM: NO MARSHAL, NO OVERSIGHT
While these developers bring in thousands of lithium-ion batteries—which are prone to "thermal runaway" and release toxic gases—there is zero professional fire oversight in our county:
No County Fire Marshal: Nacogdoches County currently lacks a dedicated County Fire Marshal. This means there is no local authority to inspect industrial sites or enforce life-safety codes.
The State "Opt-Out": When residents looked to the Texas State Fire Marshal’s Office (SFMO) for help, the answer was terrifying: the SFMO has explicitly stated they are not responsible for NFPA 855 oversight (the national standard for battery storage safety) on these private industrial sites.
Volunteers at Risk: Without a Fire Marshal to mandate NFPA 855 compliance, our local volunteer fire departments are being left to walk into a potential chemical disaster with no training, no specialized equipment, and no emergency plan from the developers.
III. WHY WE NEED A MORATORIUM NOW
Our County Commissioners are currently paralyzed, waiting for the Attorney General’s opinion on RQ-0634-KP, which would clarify their authority to pause these projects. We cannot afford to wait. Other counties, like Van Zandt, have already acted to protect their residents from CCP influence and environmental destruction. Nacogdoches County must be empowered to:
-Inspect all equipment to ensure compliance with the Lone Star Infrastructure Protection Act.
-Enforce NFPA 855 safety standards before a single battery is placed in our soil.
-Stop construction in floodplains that endangers downstream neighbors and our water supply.
The developers are counting on our silence and the state's lack of authority. It is time to prove them wrong.
TAKE ACTION: CONTACT THE AUTHORITIES
Attorney General’s Opinion Committee: Email opinion.committee@oag.texas.gov and reference RQ-0634-KP. Tell them Nacogdoches County needs the authority to protect our grid and our lives.