SpaceX, the aerospace company led by Elon Musk, has been accused of violating environmental regulations by releasing pollutants into or near bodies of water in Texas. The Texas Commission on Environmental Quality (TCEQ) issued a notice of violation last week, focusing on the company’s water deluge system at its Starbase launch facility.
The TCEQ’s notice follows a similar warning from the Environmental Protection Agency (EPA) Region 6, which oversees Texas and nearby states. The EPA had informed SpaceX in March that it violated the Clean Water Act with the same type of discharge. Both notices and related investigative records were recently obtained by CNBC and have not been previously reported.
Complaints And Investigation
The TCEQ’s Harlingen office, located near SpaceX’s Boca Chica site, received a complaint on August 6, 2023. The complaint alleged that SpaceX was discharging deluge water without authorization. The office reported receiving 14 such complaints, highlighting concerns about the environmental impact of the deluge system.
The water deluge system is designed to manage the intense heat, sound, and energy generated during rocket launches. However, SpaceX had not installed this system before beginning test flights of its Starship rocket, leading to significant issues.
Delays and Penalties
SpaceX’s violations could impact its future launch approvals. The company was seeking permission to conduct up to 25 launches and landings of its Starship spacecraft and Super Heavy rocket at Boca Chica. Notices of violation could delay these approvals, result in civil penalties, or lead to further investigations and criminal charges.
Despite the violations, SpaceX stated on X (formerly Twitter) that regulators have allowed them to continue operations. “We have been told by both TCEQ and the EPA that our operations can continue,” the company stated.
Environmental Concerns And Rebuilding Efforts
On July 25, 2024, a TCEQ environmental investigator reviewed SpaceX’s compliance with wastewater regulations. The investigation revealed that SpaceX had discharged industrial wastewater without a permit four times between March and July of 2024.
The need for the water deluge system became apparent after SpaceX’s first test flight of Starship in April 2023 resulted in an explosion at the launchpad. The incident caused damage to nearby protected areas and led to a lawsuit by environmental groups against SpaceX and the FAA.
SpaceX rushed to rebuild the launchpad and install a new water deluge system. However, regulators claim the company bypassed necessary permitting processes, which would have required it to meet pollutant discharge limits and detail its wastewater treatment methods.
Ongoing Legal And Environmental Challenges
Environmental engineer Eric Roesch warned that continuing launch operations with an unauthorized deluge system increases legal risks for SpaceX. “Further discharges could lead to more investigations and criminal charges,” Roesch said.
Roesch also noted that SpaceX’s application for a permit was significantly delayed. After receiving a notice from the EPA, the company was required to apply for a permit within 30 days but only submitted its application on July 1, approximately 110 days later.
Kenneth Teague, a coastal ecologist, criticized SpaceX’s permit application for lacking crucial details about water discharge volumes and pollutant levels. He expressed particular concern about mercury concentrations in the wastewater, which exceed state water quality criteria and could harm local ecosystems.
FAA’s Role And Future Prospects
The FAA, which regulates aerospace launches, has not commented on the ongoing situation but announced that it is postponing public meetings for an environmental assessment of SpaceX’s planned increase in launches and landings. New dates for these meetings will be announced in the future.
