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The National Environmental Policy Act (NEPA) and the CHIPS Act
On November 7, 2025, the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Program Office (CPO) within the U.S. Department of Commerce, as joint lead agency with the Onondaga County Industrial Development Agency (OCIDA), published the Final Environmental Impact Statement (Final EIS) for the proposed Micron New York Semiconductor Manufacturing Project. CPO and OCIDA jointly prepared this Final EIS to evaluate the potential environmental effects of the project as required under the National Environmental Policy Act and the New York State Environmental Quality Review Act. A link to the Final EIS and all appendices can be found below.
| Title | Topic | |
|---|---|---|
| Final EIS | Micron Final Environmental Impact Statement | (link) |
| Appendices A-D | A: Scoping Summary, Scoping Comments, Key Documents, Notices, and Public Comment Documents B: Micron Campus Site Selection Background, Construction Phases, Site Layout Alternatives, Revised Construction, Schedule, and Technical Memo C: Growth Inducing Effects D: Land Use, Zoning, and Public Policy | (link) |
| Appendix E Volume 1 | Geology, Soils, Topography | (link) |
| Appendix E Volume 2 Part 1 | Geotechnical Data Report | (link) |
| Appendix E Volume 2 Part 2 | Geotechnical Engineering Report | (link) |
| Appendix E Volume 3 Part 1 | Geotechnical Engineering Report | (link) |
| Appendix E Volume 3 Part 2 | Geotechnical Engineering Report | (link) |
| Appendix E Volume 3 Part 3 | Geotechnical Engineering Report, Micron Blasting Plan | (link) |
| Appendix F Volume 1 Part 1 | Water Resources | (link) |
| Appendix F Volume 1 Part 2 | Micron-Buxton Creek Mitigation Plan | (link) |
| Appendix F Volume 2 | Micron-Fish Creek Mitigation Plan, Micron-Upper Caughdenoy Creek Mitigation Plan, Micton-Lower Caughdenoy Creek Mitigation Plan | (link) |
| Appendix F Volume 3 | Micron Oneida River Mitigation Plan, Micron Sixmile Creek Mitigation Plan, Draft SWPPP | (link) |
| Appendix G Volume 1 | Biological Resources | (link) |
| Appendix G Volume 2 | Youngs Creek Surveys, USFWS IPaC System Results, NYSDEC EAF Mapper Results, Draft Invasive Species Management Plan, Preliminary Landscape Drawings | (link) |
| Appendices H-J | H: Historic and Cultural Resources I: Air Quality J: Greenhouse Gas Emissions, Climate Change, and Climate Resiliency | (link) |
| Appendix K Volume 1 | Solid Waste, Hazardous Waste, and Hazardous Materials | (link) |
| Appendix K Volume 2 | ESA-Micron-Rail Spur Parcel Addition, Supplemental Information: Environmental Consequences, Draft Soil Materials Management Plan, Micron Construction Waste Management Plan, Micron Hazardous Waste Contingency Plan, OCRRA Waste Capacity Availability, 2024 Micron Technology, Inc. Sustainability Report, Example Micron Procedures | (link) |
| Appendix L | Human Health and Safety | (link) |
| Appendix M Volume 1 | Transportation and Traffic | (link) |
| Appendix M Volume 2 | Traffic Impact Study | (link) |
| Appendix M Volume 3 | Traffic Count Data, Field Inventory, Signal Timings Plans | (link) |
| Appendix M Volume 4 | Planned Road Improvement Plans, SMTC Models, Studies | (link) |
| Appendix M Volume 5 | Calibration, Crash Data, Model Output | (link) |
| Appendices N-R | N: Noise Vibration O: Visual Effects and Community Character P: Community Facilities, Open Space, and Recreation Q: Socioeconomic Conditions R: Environmental Justice | (link) |
The National Environmental Policy Act (NEPA), 42 U.S.C § 4321 et seq., requires federal agencies to evaluate the environmental effects of their proposed actions as part of their decision-making processes. NEPA reviews generally take one of three forms:
- Categorical Exclusion (CE) – A determination that a proposed action falls in a category of actions that typically do not have significant environmental effects and do not require an Environmental Assessment (EA) or Environmental Impact Statement (EIS).
- Environmental Assessment (EA) – A concise public document that an agency prepares for an action that is not likely to have significant environmental effects or where the significance of the effects is unknown. An EA supports an agency’s determination of a finding of no significant impact (FONSI) or the decision to prepare an environmental impact statement.
- Environmental Impact Statement (EIS) – A detailed written statement that an agency prepares to thoroughly evaluate the reasonably foreseeable environmental effects of a proposed action and a reasonable range of alternatives to the proposed action and inform decision-makers and the public. An agency concludes the EIS process by issuing a Record of Decision (ROD).
The NEPA Process
* Significant new circumstances or information relevant to environmental concerns or substantial changes in the proposed action that are relevant to environmental concerns may necessitate preparation of a supplemental EIS following either the draft or final EIS, or the Record of Decision. 40 CFR 1502.9(d).
NIST NEPA Procedures
NIST published revised NEPA procedures on June 30, 2025.
For the NIST NEPA Procedures, click here.
NEPA Process for CHIPS Projects
To ensure an effective and efficient environmental review process for CHIPS projects subject to NEPA, applicants are strongly encouraged to familiarize themselves with NEPA and ensure that their project teams obtain NEPA expertise, which could include hiring companies or consultants with NEPA qualifications and experience.
CHIPS NEPA-related documents and notices will be added to this website as they become available. To receive notifications on all NEPA documents please join our mailing list; be sure to select the NEPA notifications.
The CHIPS Program Office will work with applicants to determine whether a CHIPS project does not require a NEPA review based on the Building CHIPS in America Act, which exempts CHIPS Act funding decisions for certain semiconductor projects from the definition of major Federal action under NEPA.
Programmatic Environmental Assessment (PEA)
On June 28, 2024, CHIPS for America announced the availability of a Final Programmatic Environmental Assessment (PEA) and finding of no significant impact (FONSI) for the modernization and expansion of existing semiconductor fabrication facilities funded through 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.
For inquiries about the CHIPS NEPA process, please email CHIPSNEPA [at] chips.gov (CHIPSNEPA[at]chips[dot]gov).