SpaceX Denies Violating Environmental Regulations at Starbase

SpaceX is denying a report by CNBC today that it is violating environmental regulations at its Starbase facility in Boca Chica, Texas. Citing notices from the Texas environmental quality commission and the federal EPA, CNBC reports SpaceX is releasing pollutants into nearby waters from the deluge system used for Starship tests and launches. SpaceX insists it is in compliance. This morning the FAA canceled five public hearings about expanding SpaceX’s use of Starbase that were to begin tomorrow saying they are seeking additional information from SpaceX.

In an article posted this afternoon, CNBC asserts that SpaceX “violated environmental regulations by repeatedly releasing pollutants into or near bodies of water in Texas.” Those pollutants allegedly include mercury.

The article cites a “notice of violation” from the Texas Commission on Environmental Quality (TCEQ) issued last week plus an earlier notice from the EPA that SpaceX violated the Clean Water Act. The TCEQ reportedly found that “SpaceX discharged industrial wastewater without a permit four times between March and July of this year.”

Like many launch vehicle companies, SpaceX uses a water deluge system on its Starship launch pad to dampen vibrations and diffuse heat generated by the rocket. SpaceX famously did not use such a system for its first Starship launch in April 2023 even though it has more engines, 33, than any other rocket ever built. The launch pad was destroyed, with chunks of concrete thrown into wildlife refuge areas and pulverized material spewing high in the air and blowing over the nearby town of Port Isabel. (The rocket exploded about 4 minutes after launch, but three subsequent test flights were increasingly successful.)

Liftoff from Starbase pic.twitter.com/rgpc2XO7Z9

— SpaceX (@SpaceX) April 20, 2023

SpaceX quickly rebuilt the pad with a water deluge system for subsequent launches. The dispute reported today is whether that system is environmentally compliant.

In a lengthy rebuttal on the social media platform X, owned by Elon Musk who is also the founder and chief engineer of SpaceX, the company denied any violations.

CNBC’s story on Starship’s launch operations in South Texas is factually inaccurate.

Starship’s water-cooled flame deflector system is critical equipment for SpaceX’s launch operations. It ensures flight safety and protects the launch site and surrounding area.

Also known as…

— SpaceX (@SpaceX) August 12, 2024

The company insists that, to begin with, the water they use is potable water, not industrial water. “At no time during the operation of the deluge system is the potable water used in an industrial process, nor is the water exposed to industrial processes before or during operation of the system.” In addition, the company asserts they send soil, air and water samples to an independent, accredited laboratory after each use of the deluge system — for tests or launches — and they have “consistently shown neglible traces of any contaminant.”  In particular, “all samples to-date have in fact shown either no detectable levels of mercury whatsoever or found in very few cases levels significantly below the limit the EPA maintains for drinking water.”

SpaceX says they have a Texas Multi-Sector General Permit from the TCEQ and the EPA has allowed them to continue operating while they obtain an Individual Permit from the TCEQ, a process that’s underway. “TCEQ is expected to issue the draft Individual Permit and Agreed Compliance Order this week,” the company says in the post, adding that “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.”

The FAA regulates commercial space launches and reentries to ensure they meet public safety requirements and leads an interagency process to review environmental impact, national security or foreign policy concerns, and insurance requirements for the launch operator.  A series of five public hearings were supposed to begin tomorrow to obtain public input related to SpaceX’s request to expand the use of Starbase to 25 launches of Starship/Super Heavy, 25 Starship landings, and 25 Super Heavy landings per year.

At 11:29 am ET this morning, the FAA issued an email abruptly cancelling the public hearings. Two in-person meetings were to take place tomorrow on South Padre Island, two more on Thursday in Port Isabel, and a virtual meeting next Tuesday. They said the meetings will be rescheduled and later sent a follow-up email noting the docket will remain open to receive public comments. The announcement was later posted on the FAA’s website.

The FAA has postponed the in-person public meetings scheduled for Tuesday, August 13, 2024, and Thursday, August 15, 2024, in the vicinity of Boca Chica, Texas, regarding the draft environmental assessment analyzing the SpaceX proposal to increase the cadence of Starship/Super Heavy launch and reentry operations.  The FAA has also postponed the virtual public meeting scheduled for Tuesday, August 20, 2024. The Docket remains open to receive public comments.

CNBC said it “reached out to the FAA on Friday,” but it did not provide a comment.

Asked today if the hearings were canceled because of the CNBC story, the FAA emailed SpacePolicyOnline.com to say only that “The FAA is seeking additional information from SpaceX before rescheduling the public meetings.”

SpaceX did not immediately reply to a SpacePolicyOnline.com request for comment.