SpaceX faces accusations it violated the Clean Water Act

SpaceX allegedly violated wastewater regulations at its Boca Chica, Texas, launch site — sending pollution into bodies of water nearby, according to CNBC. The news outlet says it obtained investigative records and notices that the Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) sent to SpaceX of violations related to its Starbase facility.

SpaceX called the story “factually inaccurate” in a post on Elon Musk’s social media platform X. The Verge has not yet been able to independently verify these reports. We’ve requested records from EPA and TCEQ, and neither agency immediately confirmed the accuracy of the allegations.

“There is a pending enforcement action. Due to this, we cannot comment any further at this time. Any comments from the agency could jeopardize the integrity of our enforcement process,” TCEQ said in an email.

Starbase is home to Starship, the reusable transportation system SpaceX is building and testing with hopes of taking people to the Moon and, one day, even reaching Mars. But the violations SpaceX is accused of could jeopardize future launches and put the company at legal risk, according to CNBC.

Starship’s first test flight last year left behind a mess. The massive spacecraft exploded in the air, and the test wrecked the launchpad. Flying debris smashed into at least one car nearby, and the plume of dust reportedly reached residents several miles away as well as nesting grounds for endangered birds and sea turtles. Starbase lies along the Texas Gulf Coast, near wetlands and wildlife refuges.

After the explosion, CNBC says SpaceX scrambled to rebuild the launchpad and install a water deluge system meant to blunt the tremendous heat, energy, and sound from launches. The company skipped a permitting process in its rush, according to CNBC. The EPA launched a probe and demanded more information on wastewater discharges about a month after SpaceX ran a full-pressure test of the system in July 2023, CNBC says. The agency reportedly notified SpaceX on March 13th that it was in violation of the federal Clean Water Act.

Regardless, SpaceX moved forward with its third test flight on March 14th. Continuing to use the deluge system during launches without proper permits in place raises the legal risks, per CNBC. SpaceX eventually applied for a permit, reportedly more than 100 days after it received notice from the EPA.

TCEQ performed a compliance record review to determine whether SpaceX was following wastewater regulations on July 25th of this year, according to CNBC. It determined that SpaceX had released industrial wastewater without a permit four times since March, CNBC reports. It also says that TCEQ has received at least 14 complaints in the region “alleging environmental impacts” from SpaceX’s deluge system. TCEQ sent its notice of violation to SpaceX last week, according to CNBC.

SpaceX didn’t respond to a request for comment from The Verge, but its post on X claims that both EPA and TCEQ had allowed it to continue using the deluge system and that it was operating under a separate permit system.

“Throughout our ongoing coordination with both TCEQ and the EPA, we have explicitly asked if operation of the deluge system needed to stop and we were informed that operations could continue,” it says.

The company also claims that its deluge system “causes no harm to the environment.” It says it sends air, water, and soil samples from near the pad to “an independent, accredited laboratory” after using the deluge system. So far, it says, those tests have shown “negligible traces of any contaminants.”

CNBC’s reporting counters those claims, especially when it comes to mercury. SpaceX says its samples show “either no detectable levels of mercury whatsoever or found in very few cases levels significantly below the limit the EPA maintains for drinking water.” CNBC writes:

But SpaceX wrote in its July permit application — under the header Specific Testing Requirements – Table 2 for Outfall: 001 — that its mercury concentration at one outfall location was 113 micrograms per liter. Water quality criteria in the state calls for levels no higher than 2.1 micrograms per liter for acute aquatic toxicity and much lower levels for human health

SpaceX followed up with another response on X today saying that “there may be a typo in one table of the initial TCEQ’s public version of the permit application” (link added by The Verge).

On Monday, the FAA postponed meetings initially planned for this week intended to discuss draft environmental assessments for “SpaceX’s plan to increase the launches and landings of its Starship/Super Heavy vehicles scheduled at the Boca Chica Launch Site.” When asked why the meetings were delayed, a spokesperson for the FAA said it was waiting on “additional documentation” from SpaceX but would not share what those documents are.

A legal battle looks likely. A Rio Grande Valley, Texas, nonprofit called SaveRGV reportedly sent SpaceX a notice of intent to sue in June over its deluge system allegedly discharging wastewater without a permit. It’s seeking injunctive relief and civil penalties for each potential violation of the Clean Water Act.

Musk talked about deregulation in a long-winded conversation with Donald Trump on X last night. “if you deregulate, like have sensible regulations,” he said. “Because a lot of the regulations are nonsensical and cause the cost to be extreme for no reason.”

Update, August 13th: This post has been updated with additional statements from TCEQ and SpaceX.