By ALEXANDREA BAILEY
editor@portisabelsouthpadre.com
The SpaceX launch facility in Boca Chica, TX, sometimes called Starbase and headed by billionaire Elon Musk, was recently the focus of an open investigation by the Texas Commission on Environmental Quality [TCEQ]. The investigation was closed as of July 30.
Findings from this investigation showed that according to TCEQ, SpaceX violated Texas Water Code 26.121 (a) (1) and Texas Admin Code 305.42 (a) by discharging industrial wastewater into nearby bodies of water without a proper permit.
According to the TQEC Investigation Report, TCEQ Harlingen regional office received a complaint on Aug. 6,
2023, regarding Space Exploration Technologies Corp. Starbase Launch Pad Site, aka SpaceX Boca Chica. The complaint alleged the facility was discharging deluge water without TCEQ authorization. Following the initial complaint were 13 additional complaints alleging environmental impacts from the facility’s deluge system. In addition to the 14 water quality complaints, one air quality complaint was received by the TCEQ regarding SpaceX Boca Chica “in the last five years.”
The report states that upon receiving the initial water quality complaint, TCEQ Harlingen began coordinating with TCEQ’s Office of Water, Water Quality Division to determine whether industrial wastewater permitting requirements were applicable. TCEQ also began monitoring SpaceX’s use of the deluge system and actively communicated with the facility, the complainants and the Environmental Protection Agency [EPA].
Jonathan Diaz was the TCEQ Environmental Investigator assigned to the case. According to the report, he
conducted an “in-house compliance record review investigation” of SpaceX Boca Chica to “document compliance with the Industrial Wastewater permitting requirements” on July 25, 2024. This was 11 months after TCEQ received the initial complaint. SpaceX later alleged that “TCEQ personnel” were onsite at Starbase for initial tests of the deluge system back in July, 2023.
On July 1, 2024, 24 days before the in-house investigation, TCEQ acknowledged SpaceX’s completion of the
Industrial Waste Water Permit Application, as required by the EPA. During the investigation, SpaceX Boca Chica was provided a copy of TCEQ’s complaint policies and procedures, which is available on the TCEQ’s complaint website: www.tceq.texas.gov/compliance/complaints
According to the report, Diaz’s investigation found that SpaceX discharged industrial wastewater without a proper permit on four separate occasions in 2024: March 14, April 5, May 8 and July 26.
The report states “This Facility [SpaceX Boca Chica] is a source for some of the criteria pollutants under the
provisions of Industrial Wastewater Permitting.”
According to the report, discharges from SpaceX “are expected to contain total dissolved solids, nitrate-nitrogen, phosphorus, sulfate chloride, fluoride, aluminum, cadmium, chromium, copper, cyanide and zinc.”
SpaceX addressed the investigation’s findings on Musk’s social media platform “X,” previously known as
Twitter, while stating that CNBC’s coverage of the findings was “factually inaccurate.”
SpaceX stated that “Starships’s water-cooled flame deflector system” or water deluge system is “critical” to
SpaceX’s launch operations because it “ensures flight safety and protects the launch site and surrounding area.”
“[The deluge system] applies clean, potable (drinking) water to the engine exhaust during static fire tests and
launches to absorb the heat and vibration from the rocket engines firing,” stated SpaceX’s official X account.
SpaceX also said launch sites across the United States and globally have used similar equipment to the deluge system.
SpaceX stated that it worked with the TCEQ throughout the deluge system’s construction and testing to identify a permit approach. SpaceX also alleged the Texas Mulit-Sector General Permit covered the facility’s launch operations.
“We’ve been diligently working on the permit with TCEQ, which was submitted on July 1, 2024. TCEQ is
expected to issue the draft Individual Permit and Agreed Compliance Order this week,” stated SpaceX.
SpaceX says the TCEQ and the EPA have allowed continued operations because the deluge system complied with conditions set by an Individual Permit and allegedly “causes no harm to the environment,” according to SpaceX.
Precautions allegedly taken by SpaceX include power-washing the launch pad prior to activating the deluge system, collecting the power-washed water and “hauling it off” to an undisclosed location, only using potable water in the system and using retention ponds to capture excess water. SpaceX also noted that “the vast majority of the water used in each operation is vaporized by the rocket’s engines.” SpaceX confirmed that some water does leave the area of the pad, and stated it is equivalent to 0.004 inches of rainfall across the area outside of the pad.
“…We remain committed to working with our local and federal partners to be good stewards of the environment,” stated SpaceX.
Save RGV, a local conservationist group, was pleased TCEQ’s actions regarding this investigation.
“We are pleased that TCEQ and EPA, after considerable delay, have finally stepped up to determine that the
numerous complaints submitted are indeed violations of the Clean Water Act and constitute possible criminal activity. We stand by our position that SpaceX must stop any further tests and launches until a permit is issued, and only after a full environmental impact study and technical review are completed, with enforceable mitigation, protection and enforcement measures included in the permit issuance. This must be done to ensure that our wetlands are protected. It is on TCEQ’s shoulders to protect the integrity of our waters and keep them safe and healthy so that the entire ecosystem, humans included, can continue to rely on them for sustenance. The only way we see that occurring is for TCEQ to order SpaceX to cease any and all further testing and launch operations at this time, and take enforcement measures against SpaceX stronger than this mere violation notice. We also challenge our elected officials to speak out against these violations and stand by the community in keeping SpaceX accountable and within the law,” stated Mary Angela Branch, a board member of Save RGV.
According to city officials, the City of South Padre Island is hopeful that positive change will emerge from these findings.
“We believe in the protection of our environment and regulatory standards that companies are to abide by. SPI holds faith in the regulatory system set in place and we remain hopeful that TCEQ and SpaceX will find viable solutions,” stated SPI City Manager Randy Smith.
In addition to entering comments with the TCEQ regarding water quality issues posed by SpaceX activity, the City of Port Isabel continues to monitor other elements of SpaceX’s operations, according to PI City Manager Jared Hockema. The City has engaged third-party monitoring to measure impacts like possible property damage caused by noise and vibration associated with rocket launches, in response to concerns from citizens.
“The City of Port Isabel believes that our pristine, natural environment is our region’s most important economic asset. The City is committed to protecting the environment, preserving quality of life and safeguarding public safety. While the City welcomes business investment, any development must comply with the law, and avoid placing the environment, quality of life, public safety or existing jobs at risk. The city has enacted policies – including its stormwater ordinance – to prevent construction activities within the city from impacting water quality in the Laguna Madre., and we expect others to act with similar care,” stated Hockema. “We expect SpaceX to follow environmental regulations, and take whatever actions are necessary to avoid unauthorized discharges and impacts on water quality…”