Lithium Midstream Guidelines

Office of Air Quality

Lithium midstream facilities are typically considered chemical processing operations and may require air permitting due to emissions from general processes, power generation, flares, sour gas handling, or other operations. Visit the Air Permits page for more information on the different types of air permits and how to apply.

Office of Land Resources

Facilities that treat or dispose of hazardous waste or store hazardous waste for more than ninety (90) days require a hazardous waste permit. The application process involves submitting both "Part A" (notification and EPA form 8700-23) and "Part B" (detailed technical information). Visit the Hazardous Waste Permitting page for additional information and guidance.

Office of Water Quality

Surface facilities of storage and/or pipeline transmission of dehalogenated (debrominated) industrial wastewater or lithium-related process water.

Facilities that operate storage structures, transmission pipelines, or a combination thereof, for storage and handling of industrial wastewater from brine and tail brine for or from chemical manufacturing process units, recovered brine from spill or pipeline failures, or tail brine resulting from the removal of halogens from brine may require water permitting. This permit does not authorize disposal of waste in an Underground Injection Control well or the treatment or disposal of other wastewater streams. Visit the Individual No-Discharge Permits page for additional information.

Any discharge of non-contact cooling water and/or cooling system blowdown to Waters of the State requires a National Pollutant Discharge Elimination System (NPDES) permit.

  • Facilities may be eligible for coverage under the ARG250000 general permit.

Visit the Non-Stormwater Permits page for information on the permit and its requirements.

  • Facilities may also apply for coverage under an individual NPDES permit.

Visit the Individual NPDES Permits page for information on individual NPDES permits and their requirements.

  • Non-contact cooling water and/or cooling system blowdown may be pumped and hauled to a permitted treatment facility or discharged to the collection system of a permitted treatment facility if permission is obtained from the treatment facility. More information can be obtained by contacting permitted treatment facilities in your area.

Any domestic wastewater must be disposed of in accordance with Arkansas Department of Health requirements. If domestic wastewater is treated and discharged to Waters of the State, an NPDES permit is required.

  • Subsurface disposal of domestic wastewater may require a No-Discharge permit. Visit the Individual No-Discharge Permits page for information on this permit.
  • Facilities discharging 1,500 gallons per day or less of treated domestic wastewater may be eligible for coverage under the ARG550000 general permit. Visit the Non-Stormwater Permits page for information on the permit and its requirements.
  • Facilities may also apply for coverage under an individual NPDES permit. Visit the Individual NPDES Permits page for information on individual NPDES permits and their requirements.

For stormwater discharges associated with construction activity that disturbs 1 acre or more, an NPDES permit is required.

If any construction results in a disturbed area of one (1) acre or more of land, a construction stormwater general permit is required. Visit the General Stormwater Permits page for more information.

For stormwater discharges associated with industrial activity, an NPDES permit is required.

Stormwater discharges associated with industrial activity are required to obtain coverage under the Stormwater Industrial General Permit or submittal of a no exposure certification as required by the Stormwater Industrial General Permit. Visit the General Stormwater Permits page for more information.

Oil and Gas Commission

The transportation of fluids or gases to or from the facility may require pipeline permitting under 49 CFR § 195.2 for Hazardous Liquids. If Class II or Class V Fluids (Non-hazardous) are transported by motor vehicle transportation tanks, permitting may be required by 15 Code of Arkansas Rules § 275-503.

Local Considerations

Local planning rules, zoning, or land use ordinances may affect site location decisions. Please check with local jurisdictions for applicability. Receipt of a permit from the Department of Energy and Environment does not relieve any operator of the responsibility to comply with any other applicable federal, state, or local requirement, statute, ordinance, or regulation.

Please contact Enterprise Services for more information or assistance at 501.682.0788 or ee.enterprisegroup@arkansas.gov. Visit our Quick Reference Guide for Common DEQ Environmental Permits for additional information on common environmental permits, such as timeline and required forms.