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The National Environmental Policy Act (NEPA) and the CHIPS Act
On June 27, 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 Draft Environmental Impact Statement (Draft EIS) for the proposed Micron New York Semiconductor Manufacturing Project. CPO and OCIDA jointly prepared this Draft 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 Draft EIS and all appendices can be found below.
Copies of these documents may also be viewed at the following library during normal business hours:
Onondaga County Public Library
447 South Salina St.
Syracuse, NY 13202
A public hearing will be held on Thursday, July 24, 2025, with public comment sessions from 10am – 1pm; 2pm – 5pm; and 6pm – 9pm, to gather unsworn, public comment on the Draft EIS. The hearing will take place at the Liverpool High School Auditorium, 4338 Wetzel Road, Liverpool, New York, 13090.
Written comments on the Draft EIS will be accepted by mail or e-mail to chipsnepa [at] chips.gov (chipsnepa[at]chips[dot]gov) until August 11, 2025. Because this is a joint Federal and State Draft EIS, all comments submitted to either CPO or OCIDA will be considered by both agencies. Comments do not need to be submitted to both agencies to be considered.
| Title | Topic | |
|---|---|---|
| Draft EIS | Micron Draft Environmental Impact Statement | (link) |
| Appendices A-D | Scoping Summary, Scoping Comments, Key Documents Micron Campus Site Selection Background, Construction Phases, and Site Layout Alternatives Growth Inducing Effects Land Use, Zoning, and Public Policy | (link) |
| Appendix E Volume 1 | Geology, Soils, Topography | (link) |
| Appendix E Volume 2 | Geology, Soils, Topography | (link) |
| Appendix F Volume 1 Part 1 | Water Resources | (link) |
| Appendix F Volume 1 Part 2 | Water Resources | (link) |
| Appendix F Volume 2 | Water Resources | (link) |
| Appendix F Volume 3 | Water Resources | (link) |
| Appendix G Volume 1 | Biological Resources | (link) |
| Appendix G Volume 2 | Biological Resources | (link) |
| Appendices H-J | Historic and Cultural Resources Air Quality 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 | Solid Waste, Hazardous Waste, and Hazardous Materials | (link) |
| Appendix L | Human Health and Safety | (link) |
| Appendix M Volume 1 | Transportation and Traffic | (link) |
| Appendix M Volume 2 | Transportation and Traffic | (link) |
| Appendix M Volume 3 | Transportation and Traffic | (link) |
| Appendix M Volume 4 | Transportation and Traffic | (link) |
| Appendix M Volume 5 | Transportation and Traffic | (link) |
| Appendices N-R | Noise and Vibration Visual Effects and Community Character Community Facilities, Open Space, and Recreation Socioeconomic Conditions 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).
To receive CHIPS for America NEPA Updates, here: How to Sign up for CHIPS for America NEPA Updates.
