SpaceX repeatedly polluted waters in Texas, TCEQ, EPA found

Elon Musk’s SpaceX has repeatedly discharged pollutants into or near Texas waters, violating environmental regulations, state officials said in a notice of violation that focused on the water discharge system at the company’s StarBase launch facility.

The notice from the Texas Commission on Environmental Quality (TCEQ) last week came five months after the Environmental Protection Agency’s Region 6, which oversees Texas and surrounding states, also notified SpaceX that it was violating the Clean Water Act through similar activities.

The notice and related investigative records obtained by CNBC have not been previously reported.

TCEQ said its office in Harlingen, South Texas, near Boca Chica Starbase, received a complaint on Aug. 6, 2023, alleging that SpaceX was “discharging floodwaters without TCEQ authorization.”

“The Harlingen area received a total of 14 complaints alleging environmental impacts from the facility’s water discharge system,” regulators said in a written statement.

Aerospace companies, including SpaceX, generally comply with state and federal laws. Federal Aviation Administration SpaceX had been seeking permission to conduct up to 25 launches and landings per year of its Starship spacecraft and Super Heavy rocket at the Boca Chica facility. The notice of violation could delay those approvals and lead to civil fines, further investigations and criminal charges against SpaceX.

SpaceX did not immediately respond to a request for comment.

Rushing to rebuild

On July 25, 2024, TCEQ environmental investigators “conducted an internal compliance records review” to determine SpaceX’s compliance with wastewater regulations. The investigation found that SpaceX had discharged industrial wastewater without a permit four times between March and July of this year.

A water system with flame deflectors would dissipate heat, sound and energy generated during orbital test flights and rocket launches, but SpaceX didn’t have one installed at its Boca Chica launch pad before it began test flights of Starship, the biggest rocket ever made.

SpaceX is developing Starship to transport people and equipment to the moon and, ultimately, Mars if Musk realizes his grand vision. During Starship’s first test flight in April 2023, the rocket’s energy exploded SpaceX’s concrete launch pad and the spacecraft exploded in mid-air.

Concrete chunks were thrown into nearby nesting and migration sites important to endangered species, sparking a fire that covered 3.5 acres of Boca Chica State Park south of the launch pad, and environmental groups have filed a lawsuit against SpaceX and the Federal Aviation Administration (FAA), which gave the company permission to launch.

As Musk pushed for another orbital test flight within a month or two, SpaceX rushed to rebuild the launch pad, installing a new water-release system to prevent another explosion, and regulators say the company sidestepped permitting procedures that would have required it to meet pollution discharge limits and state how it would treat wastewater.

SpaceX conducted the first full pressure test of the water discharge system in July 2023. About a month later, on August 25, 2023, the EPA began an investigation and requested information from the company regarding wastewater discharges, among other matters.

The agency issued a formal notice of violation to SpaceX on March 13, according to records obtained by CNBC.

On March 14, SpaceX again used the unauthorized water spray system at the launch pad and went ahead with Starship’s third test flight, despite receiving notice from the EPA the previous day.

The company hit a new milestone with the test flight, and Musk appeared victorious: NASA Administrator Bill Nelson congratulated SpaceX, saying “Test flight was a success!”, even though the rocket was lost during descent over the Indian Ocean.

Eric Roche, an environmental engineer, ESG Hound Blog The business- and sustainability-focused man predicted SpaceX would need a water-dumping system on its launch pad even before Starship’s first test flight, and he was one of the first to point out that SpaceX was using such a system without proper permits.

Continuing launch operations at StarBase would expose the company to greater legal risk after regulators told the company it was violating environmental regulations, Loesch said in an interview.

“Further wastewater discharges could give rise to further investigations and criminal charges against the company and those involved in the launch permit,” he said.

Kenneth Teague, a coastal ecologist based outside Austin, wrote in a 483-page article: SpaceX Permit ApplicationTeague, who has worked in water quality and coastal planning for more than 30 years, told CNBC the application was riddled with holes and missing basic details like discharge volume, discharge temperature and the location of the outfall.

Teague said he was particularly concerned about the levels of mercury in wastewater discharged from SpaceX’s water discharge system. The levels revealed in the documents “significantly exceed mercury water quality standards,” he said.

According to United States Geological Survey; Mercury “is one of the most serious contaminants threatening our nation’s waters because it is a potent neurotoxin to fish, wildlife, and humans.”

Teague said hot emissions and high levels of pollutants such as mercury could cause “significant adverse effects”, including killing “tiny creatures” that seabirds rely on for food.

“SpaceX’s application fails to address this very serious concern,” he said.

CNBC reached out to the FAA on Friday. The agency did not comment on the matter, but announced on Monday that it was postponing a public meeting scheduled for this week for an environmental assessment of “SpaceX’s plans to increase launches and landings of its Starship/Super Heavy vehicles at Boca Chica Launch Site in Cameron County, Texas.”

The FAA did not give a reason for the delay and said a new date would be announced in the future.

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