TCEQ sued over SpaceX’s use of water deluge system at Starbase

A trio of environmental activist groups on Monday sued the Texas Commission on Environmental Quality, or TCEQ, over its decision to allow SpaceX to use its water deluge system during launches at Starbase at Boca Chica Beach.

The petition was filed in Travis County by the nonprofits Save RGV and Carrizo/Comecrudo Nation of Texas, Inc., and the activist organization South Texas Environmental Justice Network.

They are asking a judge to reverse TCEQ’s decision to allow SpaceX to use the water deluge system.

SpaceX began using its water deluge system after its April 20, 2023 test launch.

“An explosion of the concrete launch pad ensued, resulting in dust and debris reaching an area of more than 385 acres surrounding the Facility,” the petition stated.

At the time, some Port Isabel residents reported thin layers of dust coating vehicles after the launch.

“SpaceX first tested its deluge system on July 28, 2023. Since then, SpaceX has activated the deluge system approximately twenty (20) times,” the petition stated.

That document said that following discharge from the system, the deluge water enters into the waters surrounding the area.

“Discharges from the deluge system are expected to contain total dissolved solids, nitrate-nitrogen, phosphorus, sulfate, chloride, fluoride, aluminum, cadmium, chromium, copper, cyanide, zing, arsenic, barium, lead, mercy, nickel, and selenium,” the lawsuit stated.

However, SpaceX had issues with the permit. The U.S. Environmental Protection Agency on March 13 issued an administrative order that SpaceX violated the Clean Water Act by using the deluge system without a permit.

A view of SpaceX signage at Starbase at Boca Chica Beach on Wednesday, Oct. 9, 2024. (Miguel Roberts/The Brownsville Herald)

SpaceX had said a general permit from the state of Texas authorized the system’s use, which the EPA disagreed with.

“Despite EPA’s compliance order and related communications, SpaceX proceeded with multiple static fire tests and a launch on June 6, 2024, knowing that use of deluge system constituted a violation of the requirement it obtain an individual permit,” the lawsuit stated.

TCEQ also conducted an investigation into the system’s use and concluded that SpaceX was using the system without proper permits and fined the company.

TCEQ then in November issued an agreed order allowing SpaceX to use the system, which the plaintiffs believe bypasses Texas permitting requirements by allowing a general permit instead of an individual permit. SpaceX’s application for an individual industrial wastewater permit remains pending.

Save RGV initiated similar litigation on Oct. 9 in Brownsville federal court where the nonprofit sought a temporary restraining order or preliminary injunction against SpaceX over it use of the water deluge system.

U.S. District Judge Rolando Olvera on Nov. 21 denied that request.

The litigation, however, remains ongoing.

The post TCEQ sued over SpaceX’s use of water deluge system at Starbase appeared first on MyRGV.com.