EPA Ports Initiative Newsletter

April 3, 2024

Newsletter Items: 

• Register for April 11^th Webinar: An Overview of Complementary Funding Opportunities – EPA's Clean Ports Program and MARAD's PIDP
• Register for April 25^th Webinar: EPA's Clean Ports Program – Frequent Questions and Answers
• Respond by April 15^th: Clean Ports Program Proposed Build America Buy America (BABA) Waiver Open for Comment
• Updated Clean Ports Program Questions and Answers Document Available Now

Register now! On April 11^th from 2 PM - 3 PM (ET), The EPA and the Department of Transportation’s Maritime Administration (MARAD) will host a joint webinar to discuss their recently released federal funding opportunities – the EPA’s Clean Ports Program Notices of Funding Opportunities (NOFOs) and MARAD’s Port Infrastructure Development Program (PIDP) NOFO.

Please join us virtually to learn about the two programs’ NOFOs, including eligibility, application details, and evaluation criteria.

The session will be recorded and posted publicly. Spanish interpretation and closed captioning will be available. For interpretation in a language other than Spanish, please request one week prior to the event by emailing cleanports@epa.gov.

Register for April 25^th Webinar: EPA's Clean Ports Program – Frequent Questions and Answers

Register Now! On April 25^th from 1 PM – 2 PM (ET), EPA’s Ports Initiative will host a webinar to go over frequent questions and answers about the two Clean Ports Program Notices of Funding Opportunities (NOFOs).

This session will be recorded and posted to our website. Spanish interpretation and closed captioning will be available. For interpretation in a language other than Spanish, please request one week prior to the event by emailing cleanports@epa.gov.

Respond by April 15^th: Clean Ports Program Proposed Build America Buy America (BABA) Waiver Open for Comment

For its new Clean Ports Program, the EPA has proposed a Public Interest General Applicability Waiver of Build America, Buy America (BABA) Act provisions because market analysis shows that there is a limited number of manufacturers and supply of mobile port equipment that would meet the BABA criteria. 

EPA is requesting comment on its proposed limited public interest waiver for certain zero-emission (battery electric and hydrogen fuel cell) mobile port equipment (e.g., cranes, drayage trucks, yard trucks, other cargo handling equipment, locomotives, and vessels) to be funded in the $3 billion Clean Ports Program. Industry input and interagency research indicates that certain zero-emission mobile port equipment eligible under the Clean Ports Program may not meet the BABA requirements for manufactured products. Specifically, EPA is proposing:

1. To waive the 55% domestic content requirement for zero emissions mobile port equipment. Only the final assembly of zero emissions mobile port equipment must occur in the United States to be considered “produced in the United States” during the waiver period.
2. A supplemental de minimis waiver, waiving all aspects of BABA compliance for ten percent of material costs attributable to zero emissions mobile port equipment, that may be used for recipients of the Clean Ports Program only on zero emissions mobile port equipment.

As further detailed in the draft waiver, EPA would appreciate data-supported comments that will help inform the following:

• Near-term volume of (# units) or capacity to produce (# units / unit time) BABA-compliant zero emission port equipment that could be purchased and delivered during the Clean Ports Program period of performance (i.e., January 2025 through December 2028).
• If the equipment is not BABA-compliant today, please explain why and indicate whether final assembly occurs in the United States.
• Please indicate whether domestic production capacity is real (i.e., operational) or planned (i.e., not yet operational), and when planned capacity is projected to come online and reach full capacity utilization / complete production ramp-up.

You can view the proposed waiver on EPA’s BABA Waivers webpage.

We welcome your comments and feedback on this proposed approach. As part of the waiver process, the EPA has opened a 21 day comment period on the proposed waiver. Please submit comments on the waiver by email to BABA-OTAQ@epa.gov using the subject line “Comment on Proposed Waiver of BABA Requirements for Clean Ports Program.” Please note that any comment you submit in response to this waiver request will be treated separately from any materials that you submit as part of an application for Clean Ports Program funding. The EPA would appreciate feedback as soon as possible and no later than the close of the comment period on Monday, April 15^th, 2024 at 11:59 PM (ET). 

Updated Clean Ports Program Questions and Answers Document Available Now

New frequently asked questions were added to the Questions and Answers document on the Clean Ports Program webpage on April 2^nd. Please review this document to answer any questions about the two Clean Ports Program funding opportunities. Note that many questions are variations of each other so your exact question may not be listed; please look for similar questions.

The EPA Ports Initiative team will continue to update this document periodically while the NOFOs are open. If you have additional questions, please email cleanports@epa.gov. The deadline to submit questions before the NOFOs close is May 6, 2024.

For more information on resources and best practices to address diesel emissions at ports, please visit EPA's Ports Initiative website.

Previous newsletters can be found here: EPA Ports Initiative Newsletter | US EPA