Micron Chip Plant Faces Toxic Waste Allegations

Micron’s $100 billion semiconductor megafab in New York is facing a new legal challenge over concerns that it could discharge “forever chemicals” into the Oneida River. The lawsuit, filed by Neighbors for a Better Micron and Jobs to Move America, targets two recently issued permits that the plaintiffs claim could allow PFAS to be released into the river without enforceable limits.

The Article 78 petition was filed in Albany County Supreme Court on July 31, naming New York’s Department of Environmental Conservation, Onondaga County, and Micron as respondents. The dispute centers on a Title V air permit and a wastewater permit covering the Oak Orchard Wastewater Treatment Plant, which is being expanded to process Micron’s industrial wastewater.

The wastewater permit identifies 40 PFAS compounds, but mainly requires their presence and concentration to be monitored. The permit calls for quarterly testing of all 40 chemicals and establishes 10-nanogram-per-liter action levels for PFOA and PFOS at the plant’s combined outfall. However, the plaintiffs argue that the permit “imposes no substantive controls on those harmful contaminants beyond monitoring their presence and concentration.”

PFAS are used throughout semiconductor production due to their unique properties, but they are called “forever chemicals” because many resist breaking down and can accumulate in people and the environment. The EPA says exposure to certain levels of PFAS has been associated with increased cancer risks, reduced immune response, reproductive effects, hormone interference, and higher cholesterol.

The petition also attacks Micron’s air permit, alleging that analysis, controls, and mitigation were deferred until after authorization. The DEC previously concluded that the project and associated wastewater expansion would conflict with New York’s climate targets due to their greenhouse gas emissions, but justified approval on national-security and domestic chip-supply grounds.

Micron has stated that it does not comment on active legal matters, but added that “the project has undergone extensive environmental review and permitting by the appropriate governmental agencies, and Micron will continue to comply with all applicable environmental requirements.” Construction on the 1,400-acre Clay campus began in January, and Micron poured the first concrete in July.

The same plaintiffs filed a broader lawsuit in January challenging the project’s environmental review, which has oral arguments scheduled for August 25. The new action seeks to void the air and wastewater permits and restart their reviews. Concerns about tech facilities contaminating water are becoming increasingly common, with recent reports of data center wastewater discharges being suspended due to environmental concerns.

As the semiconductor industry continues to grow, concerns about the environmental impact of these facilities are likely to increase. The use of PFAS in semiconductor production is a particular concern, given the potential health and environmental risks associated with these chemicals. While Micron has committed to complying with all applicable environmental requirements, the lawsuit highlights the need for closer scrutiny of the environmental impact of these facilities.

The outcome of this lawsuit will be closely watched, as it has implications not only for Micron’s New York facility but also for the broader semiconductor industry. As the industry continues to expand, it will be important to balance economic growth with environmental protection and public health concerns. The EPA’s efforts to regulate PFAS are a step in the right direction, but more needs to be done to address the environmental and health risks associated with these chemicals, such as those related to home battery storage.