Town of Clay - Micron New York Semiconductor Manufacturing LLC
Notice of Complete Application, Notice of Public Comment Period, Notice of Public Comment Hearing
Applicant:
Micron New York Semiconductor Manufacturing LLC
8000 S Federal Way
Boise, ID 83716
Facility:
Micron New York Semiconductor Manufacturing LLC
5171 Route 31
Town of Clay, Onondaga County
Application IDs:
7-3124-00575/00004
Permit(s) Applied for:
Environmental Conservation Law Article 19 Air Title V Facility
Project is Located at:
5171 Route 31, in the Town of Clay, Onondaga County, New York.
Project Description:
The New York State Department of Environmental Conservation (NYS DEC) has prepared a draft permit and made a tentative determination, subject to public comment and other information, to approve an application for a new Title V permit for Micron New York Semiconductor Manufacturing LLC (Micron) to construct and operate a semiconductor manufacturing facility (facility) at the White Pine Commerce Park (WPCP) located in the Town of Clay, New York. The overall facility will consist of four semiconductor fabrication units (referred to as Fabs) and associated supporting operations. Micron’s Title V permit application for this portion of the project addresses emissions from the operation of Fab 1 and Fab 2 which will manufacture semiconductors and other devices on silicon-based wafers. A permit modification will be required to address Fabs 3 and 4 in the future. Both Fab 1 and Fab 2 will generally consist of the following operations which allow independent operation of either fab:
- A main production cleanroom space of approximately 600,000 square feet that includes a mix of process tools used to fabricate semiconductors and other devices.
- A sub-fab area that prepares and stores raw materials (e.g., process gases, chemical mixtures/slurries in the liquid state, etc.) used in the production process.
- Support buildings storing bulk raw materials and preparing raw materials that are transferred to the fab or sub-fab.
- A central utilities building.
- Bulk gas storage yards.
- Ancillary support equipment including cooling towers and emergency generators.
- Wastewater Pretreatment plant (WWTP) operations.
The proposed project is a major facility subject to the Title V air permitting program. The facility is a major source of hazardous air pollutants (HAP), and a major new facility under both the Prevention of Significant Deterioration (PSD) and the Non-attainment New Source Review (NNSR) programs. The facility is a PSD major source of carbon monoxide, greenhouse gases, particulate matter, particulate matter less than 10 microns (PM-10), and particulate matter less than 2.5 microns (PM-2.5). The facility is also a NNSR major source of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx). The emission sources at the facility will meet Best Available Control Technology (BACT) for PSD contaminants and the Lowest Achievable Emission Rate (LAER) for NNSR contaminants. Information regarding the demonstration of LAER and BACT is available in the regional office and may be reviewed upon request.
In addition, the emission sources at the facility will meet all applicable federal and New York State ambient air quality standards and guideline concentrations, most notably 6 NYCRR Part 212: Process Operations and 6 NYCRR Part 257-4: Air Quality Standards - Fluorides. The facility is also subject to the provisions of 40 CFR 63 Subpart BBBBB: National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing which establishes organic and inorganic HAP emission limits for the process vents and storage tanks at the facility.
Pursuant to the requirements of 6 NYCRR Subpart 231-5.5, the Facility purchased 411 tons per year (tpy) of NOx Emission Reduction Credits (ERCs) and 237 tpy of VOC ERCs as required. The sources of the ERCs are listed below and have not changed from those in NYS DEC’s initial approval.
NOx: Cogentrix of PA. – 411 tpy.
VOC: Glens Falls Lehigh Portland Cement Co (DEC ID 4-1926-00001) – 104.74 tpy, Bethlehem Steel Corp. (DEC ID 9-1409-00003) – 68.37 tpy, Amcor Flexibles North America in West Hazleton, PA – 48.33 tpy, Norbord Industries (DEC ID 4-1230-00019) – 15.56 tpy.
Pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) and in compliance with NYS DEC’s program policy for the CLCPA and Air Permit Applications (DAR-21), NYS DEC has requested and received information regarding the project’s greenhouse gas emissions. Should NYS DEC find that the proposed project is inconsistent with the attainment of the statewide greenhouse gas emission limits, Micron has provided information on potential justification for the project notwithstanding any inconsistency and has proposed several alternatives and mitigation measures. These measures have been incorporated into the draft Title V permit and would be included, along with other greenhouse gas mitigation measures to be imposed as appropriate, as part of any Title V permit ultimately issued by NYS DEC. However, while NYS DEC is making this draft Title V permit available for public review and comment, NYS DEC has not made any final determination to issue a final Title V permit for the Facility. Prior to determining to issue this Title V permit, NYS DEC would need to ensure that it can meet the requirements of the CLCPA. Accordingly, NYS DEC may seek additional information from the Applicant to facilitate this determination.
In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.
Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the NYS DEC (the "permitting authority") that are relevant to this permitting decision should contact the NYS DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: https://extapps.dec.ny.gov/data/dar/afs/draft_atv.html
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at:
- NYS DEC Region 7 office located at 5786 Widewaters Parkway, Syracuse, NY 13214. To ensure timely service at the time of inspection, it is recommended that an appointment be made by calling 315-426-7401.
- Northern Onondaga Public Library (NOPL) Cicero Branch, 8686 Knowledge Lane, Cicero, NY 13039
- Northern Onondaga Public Library (NOPL) North Syracuse Branch, 100 Trolley Barn Lane, North Syracuse, NY 13212
- Northern Onondaga Public Library (NOPL) Brewerton Branch, 5440 Bennett St, Brewerton, NY 13029
Electronic copies of the application material are available at https://www.micron.com/us-expansion/ny
State Environmental Quality Review (SEQR) Determination:
SEQR Lead Agency: Onondaga County Industrial Development Agency (OCIDA)
SEQR Lead Agency Determination: Positive Declaration
The Proposed Project, and associated connected actions, are subject to review under the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA). This project is a Type 1 action for SEQR, and a SEQR lead agency was coordinated.
On June 25, 2025, OCIDA, as joint lead agency with the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Program Office (CPO) created by the United States Department of Commerce, accepted for public review and comment the Draft Environmental Impact Statement (Draft EIS) for the proposed Micron New York Semiconductor Manufacturing Project. The Notice of Acceptance of the Draft EIS and a link to the Draft EIS, can be found by accessing NYS DEC’s Environmental Notice Bulletin:
State Historic Preservation Act (SHPA) Determination
Pursuant to Section 106 of the National Historic Preservation Act, the Department of Commerce is the lead federal agency consulting with the New York State Office of Parks, Recreation and Historic Preservation as well as potentially affected Tribal Nations for the proposed Micron Main Campus, Rail Spur, Childcare Center, and connected actions. The USACE is the lead federal agency for the proposed wetland and waterbody mitigation sites and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Public Comment Hearing:
Persons wishing to comment on the permit applications will have the opportunity to make a statement at public comment hearings. Two virtual public comment hearing sessions will be held before an Administrative Law Judge (ALJ), beginning at 2:00 p.m. on December 9,2025 and 6:00 p.m. on December 10,2025. The virtual hearing sessions will be conducted electronically via the Webex Webinar platform and attendees wishing to comment must register using the registration link available on the NYS DEC website at https://dec.ny.gov/regulatory/hearings/hearing-notices Region 7.
Written Public Comment:
Individuals and parties may mail written comments to the Contact Person listed below or may submit comments electronically to [email protected]. All comments submitted by mail must be postmarked by December 17, 2025. All comments submitted electronically must be received by 5:00 p.m. on December 17, 2025. EQUAL WEIGHT IS GIVEN TO WRITTEN AND ORAL COMMENTS.
Kevin Balduzzi
New York State Department of Enviornmental Conservation (NYS DEC) - Region 7
Regional Permit Administrator
5786 Widewaters Parkway
Syracuse, NY 13214
