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National Environmental Policy Act (NEPA)
NEPA Implementing Procedures and Categorical Exclusions
NEPA Procedures and Categorical Exclusions for Available for Public Review and Comment
The National Institute of Standards and Technology (NIST) has developed NEPA Implementing Procedures (NEPA Procedures) and established 16 new Categorical Exclusions. NIST published a notice in the Federal Register on December 11, 2024, announcing a 30-day public comment period on the draft NEPA Procedures (89 Fed. Reg. 99834). NIST received no public comments. The Council on Environmental Quality (CEQ) has reviewed NIST’s NEPA Procedures and CEs to ensure conformity with NEPA and the CEQ regulations, and determined that they are in conformity with NEPA and the CEQ regulations implementing the procedural provisions of NEPA.
For the NIST NEPA Procedures, click here.
For the Categorical Exclusion Substantiation Document, click here.
For the CEQ Conformity Letter, click here.
Final Programmatic Environmental Assessment
CHIPS for America is announcing the availability of the Final Programmatic Environmental Assessment (PEA) and finding of no significant impact (FONSI) for the modernization and expansion of existing semiconductor fabrication facilities under the CHIPS Incentives Program. The Final PEA addresses federal financial assistance under the CHIPS Incentives Program for the proposed modernization or expansion of existing current-generation, mature-node, or leading-edge front- or back-end commercial semiconductor fabrication facilities within existing facility footprints.
Please send any questions to CHIPSNEPA [at] chips.gov (CHIPSNEPA[at]chips[dot]gov).
Draft Environmental Assessment for Micron Boise ID1 Available for Public Review and Comment
The CHIPS Program Office (CPO) announces the availability of the Draft Environmental Assessment (EA) for Micron Boise ID1 under the National Environmental Policy Act (NEPA) for public comment. The Draft EA addresses the environmental effects of providing financial incentives for construction of the Micron Boise ID1 semiconductor fabrication (fab) facility and supporting buildings and the purchase and installation of semiconductor manufacturing equipment at the Micron Boise ID1 site in Boise, Idaho, which would be co-located (adjacent) to Micron Boise’s existing campus.
CPO will be accepting comments on the Draft EA from July 10th through August 8th, 2024. Please submit your comments via email to CHIPSNEPA [at] chips.gov (CHIPSNEPA[at]chips[dot]gov) with the subject line “Boise ID1 EA”.
All comments received are a part of the public record. Personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender may be publicly accessible. Anonymous comments may be submitted.
To View the Full Environmental Assessment Draft, Click Here
To View the Appendices for the Environmental Assessment Draft, Click Here
Draft Environmental Assessment for Intel Arizona Available for Public Review and Comment
The CHIPS Program Office (CPO) announces the availability of the draft Environmental Assessment (EA) for Intel Arizona under the National Environmental Policy Act (NEPA) for public comment. The draft EA addresses the environmental effects of providing financial incentives for the purchase and installation of semiconductor manufacturing equipment across three semiconductor fabrication facilities at the Intel Ocotillo site in Chandler, Arizona.
CPO will be accepting comments on the draft EA through August 6, 2024. Please submit your comments via email to CHIPSNEPA [at] chips.gov (CHIPSNEPA[at]chips[dot]gov) with the subject line “INTEL AZ Draft EA”.
All comments received are a part of the public record. Personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender may be publicly accessible. Anonymous comments may be submitted.
To View the Full Environmental Assessment Draft, Click Here
To View the Appendices for the Environmental Assessment Draft, Click Here
Draft Environmental Assessment for TSMC Arizona Available for Public Review and Comment
CPO HAS EXTENDED THE PUBLIC COMMENT PERIOD AND WILL BE ACCEPTING COMMENTS ON THE DRAFT ENVIRONMENTAL ASSESSMENT THROUGH JULY 12, 2024.
The CHIPS Program Office (CPO) announces the availability of the draft Environmental Assessment (EA) for TSMC Arizona under the National Environmental Policy Act (NEPA) for public comment. The draft EA addresses the environmental effects of providing financial incentives for the purchase and installation of semiconductor manufacturing equipment across three semiconductor fabrication facilities at the TSMC Arizona site in Phoenix, Arizona.
CPO has extended the public comment period and will be accepting comments on the draft EA through July 12, 2024. Please submit your comments via email to CHIPSNEPA [at] chips.gov (CHIPSNEPA[at]chips[dot]gov) with the subject line “TSMC AZ Draft EA”.
All comments received are a part of the public record. Personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender may be publicly accessible. Anonymous comments may be submitted.
To View the Full Environmental Assessment Draft, Click Here
To View the Appendices for the Environmental Assessment Draft, Click Here
NEPA Process for Applicants
To ensure an efficient and effective environmental review process under NEPA, applicants are strongly encouraged to familiarize themselves with NEPA and ensure that their project teams have the necessary NEPA expertise, which could include hiring companies or consultants that specialize in NEPA. The CHIPS Program Office (CPO) will require extensive cooperation from applicants throughout the NEPA process.
After reviewing the application information, the CHIPS environmental team engages in discussions with the applicant to:
- Fully understand the scope and siting of the project and obtain any missing or incomplete environmental information as required in the application
- Identify the appropriate level of environmental review as described above (i.e., CE, EA, or EIS)
- Identify other federal agency involvement in the project and relevant permits, consultations, and/or approvals that may be applicable (e.g., Clean Water Act - Section 404 wetland permits; Clean Air Act – Title V air emission permits; Consultations and Approvals pursuant to Section 7 of the Endangered Species Act, or Section 106 of the National Historic Preservation Act)
- Explain that if the level of environmental review will be an EA or an EIS, CPO will notify the State NEPA Clearinghouse point of contact – as well as potentially interested, federally recognized Native American tribes of CPO federal action – and will engage with states and tribes in the NEPA process
- Advise applicants that incomplete or insufficient information can prolong the environmental review process
NEPA Resources for CHIPS Applicants
- NEPA Frequently Asked Questions (FAQs)
- Overview of NEPA and Environmental Reviews (PDF)
- Adoption of Department of Energy Categorical Exclusions
- White House Press Release
- Council for Environmental Quality
- Environmental Impact Statement/ Environmental Assessment Template
NEPA Public Involvement
CHIPS NEPA-related documents and notices, including draft EAs and EISs posted for public comment, and notices of public meetings, will be added to this website as they become available.
CHIPS for America is committed to ensuring that information be available in appropriate formats to meet accessibility requirements of persons with disabilities. If you require an alternative version of files provided on this page, please contact david.frenkel [at] chips.gov (david[dot]frenkel[at]chips[dot]gov).