EPA-R-OAR-CPP-24-05 Revised 2024 04 10.pdf

Revised April 10, 2024

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: Clean Ports Program: Climate and Air Quality Planning Competition ANNOUNCEMENT TYPE: Request for Applications (RFA)

FUNDING OPPORTUNITY NUMBER: EPA-R-OAR-CPP-24-05

ASSISTANCE LISTING NUMBER: 66.051

Summary: This Notice makes amendments to the above referenced funding opportunity to update information about project narrative, budget detail, budget narrative, and evaluation criteria.

Specifically, amendments are made on the following pages:

Pages 23, 24, 32, 33, 44: Language was modified to reflect the approval of the Information Collection Request for the Supplemental Application Template and clarify that the template is now required.

Page 24: The phrase “Optional Attachments” was corrected to “Other Attachments” in the Project Narrative Instructions.

Pages 24, 33: References to a tab in the Supplemental Application Template were changed from “2a.

Cover Sheet for App_CAQP” to “2. CAQP Supplemental App.”

Page 39: A Construction category was added to the Budget Detail section.

Page 42: A Construction category was added to the Example Budget Table.

Page 45: The total possible points was corrected to 110 in the Evaluation Criteria section.

Page 48: The total possible points was corrected to 110 in the Review and Selection Process section.

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: Clean Ports Program: Climate and Air Quality

Planning Competition

ANNOUNCEMENT TYPE: Request for Applications (RFA)

FUNDING OPPORTUNITY NUMBER: EPA-R-OAR-CPP-24-05

ASSISTANCE LISTING NUMBER: 66.051

IMPORTANT DATES

February 28, 2024 Notice of Funding Opportunity (NOFO) Opens March 28, 2024 Optional Notice of Intent to Apply is Due May 6, 2024 Final Date to Submit Questions May 28, 2024 NOFO Closes – Applications Due by 11:59 p.m. (ET) August to September 2024 Anticipated Notification of Selection December 2024 Anticipated Awards

Application packages must be submitted electronically to the EPA through Grants.gov (www.grants.gov) no later than May 28, 2024, at 11:59 p.m. Eastern Time (ET) in order to be considered for funding.

NOTICE OF INTENT TO APPLY: To allow for efficient management of the competitive process, the EPA requests submittal of an optional informal notice of an Intent to Apply by March 28, 2024 to cleanports@epa.gov. Please use the subject line “Notice of Intent to Apply: Climate and Air Quality Planning.” Please include in the body of the email the name of the applicant, the estimated dollar amount of the anticipated funding request, and 1-2 sentences summarizing the project (if known). Submission of Intent to Apply is optional and non-binding; it is a process management tool that will allow the EPA to better anticipate the total staff time required for efficient review, evaluation, and selection of submitted applications.

NOTE: If the applicant intends to name a contractor (including consultants) or subrecipient in your application as a “partner,” the applicant should carefully review Section IV.d. of EPA’s Solicitation Clauses that are incorporated by reference in this announcement and discussed in relevant part here (see Section I.E. of this announcement). Applicants must compete contracts for services and products, including consultant contracts, and conduct cost and price analyses, to the extent required by the procurement provisions of the regulations at 2 CFR Part 200.

http://www.grants.gov/ mailto:cleanports@epa.gov https://www.epa.gov/grants/epa-solicitation-clauses

Applicants are not required to identify subrecipients and/or contractors (including consultants) in their grant application. However, if an applicant does so, the fact that an applicant selected for award has named a specific subrecipient or contractor (including consultants) in the application the EPA selects for funding does not relieve the applicant of its obligations to comply with subaward and/or competitive procurement requirements as described in Section IV.d. of EPA’s Solicitation Clauses. Please note that applicants may not award sole source contracts to consulting, engineering, or other firms assisting applicants with the application solely based on the firm's role in preparing the application or based on an assertion that the individual or firm has “unique qualifications.”

The EPA will not consider the qualifications, experience, and expertise of named subrecipients and/or named contractor(s) during the application evaluation process unless the applicant provides documentation that it has complied with the EPA’s competitive procurement requirements.

For additional guidance, applicants should review EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements, EPA’s Subaward Policy, and EPA’s Subaward Policy Frequent Questions. The EPA expects recipients of funding to comply with competitive procurement contracting requirements in 2 CFR Parts 200 and 1500 as well as the EPA’s rule on Participation by Disadvantaged Business Enterprises in EPA Programs in 40 CFR Part 33. The Agency does not accept justifications for sole source contracts for services or products available in the commercial marketplace such as consulting, data analysis, or project management.

In addition, applicants are encouraged to review the Questions and Answers document posted on the Clean Ports Program website for further clarification of this NOFO.

https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance https://www.epa.gov/sites/default/files/2020-11/documents/gpi-16-01-subaward-policy_attachments.pdf https://www.epa.gov/system/files/documents/2023-04/epa_subaward_policy_frequent_questions.pdf https://www.epa.gov/ports-initiative/cleanports

TABLE OF CONTENTS

I. FUNDING OPPORTUNITY DESCRIPTION

A. Background and Summary

B. Program Goals and Objectives

C. Environmental Results and Strategic Plan Information

D. Statutory Authority

E. Additional Provisions for Applicants Incorporated into the Solicitation

II. FEDERAL AWARD INFORMATION

A. Amount of Funding Available

B. Number and Amount of Awards

C. Partial Funding

D. Additional Awards

E. Award Funding and Incremental/Full Funding

F. Period of Performance

G. Funding Type

III. ELIGIBILITY INFORMATION

A. Eligible Entities

B. Voluntary Cost Sharing or Matching Funds

C. Threshold Eligibility Criteria

D. Ineligible Activities and Other Considerations

IV. APPLICATION AND SUBMISSION INFORMATION

A. How to Register to Apply for Grants under this Competition

Step 1. Register Your Organization in SAM.gov

Step 2. Create a User Account and Applicant Profile in Grants.gov

Step 3. Create Individual Grants.gov Accounts for Organization Members

Step 4. Learn How to Use Workspace in Grants.gov

B. Application Process

C. Project Narrative Instructions, Format, and Content

D. Releasing Copies of Applications

E. Sharing of Application Information with other Federal Agencies

V. APPLICATION REVIEW INFORMATION

A. Evaluation Criteria

B. Review and Selection Process

C. Other Factors

D. Anticipated Announcement and Federal Award Dates

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices

B. Combining Successful Applications into One Award

C. Reporting Requirement

VII. CONTACT INFORMATION

APPENDIX A – Further Information Regarding Contracts, Subawards, and Participant Support Costs

APPENDIX B – Statutory Partnership Agreement between a Private Entity Applicant and Statutory Partner

I. FUNDING OPPORTUNITY DESCRIPTION

A. Background and Summary The EPA Office of Transportation and Air Quality (OTAQ) is issuing this NOFO to announce the availability of funds and solicit applications from eligible entities to conduct climate and air quality planning activities under the EPA’s Clean Ports Program. The EPA’s Clean Ports Program will fund climate and air quality planning activities at United States ports – including emissions inventories, strategy analysis, community engagement, and resiliency measure identification – that will build the capacity of port stakeholders to continue to reduce pollution and transition to zero-emissions (ZE) operations over time. The Clean Ports Program will also fund ZE port equipment and infrastructure as part of a separate NOFO to reduce mobile source emissions (criteria pollutants, air toxics, and/or greenhouse gases) at United States ports, delivering cleaner air for communities across the country. This new funding opportunity, made possible by funding from the Inflation Reduction Act, builds on the EPA’s Ports Initiative, an ongoing program that helps our nation’s ports, a critical part of our infrastructure and supply chain, address public health and environmental impacts on surrounding communities.

Ports are a vital part of the United States economy, serving as gateways for moving freight and passengers across the country and around the world. Ports are also places with high concentrations of mobile source equipment, including dray trucks, locomotives, cargo-handling equipment, and marine vessels. This equipment is largely powered by diesel and other fossil fuels. Older equipment, in particular, can emit significant amounts of air pollution, including fine particulate matter (PM2.5), nitrogen oxides (NOx), air toxics, and carbon dioxide (CO2), which impact human health and the environment.

Section 60102 of the Inflation Reduction Act of 2022 (IRA) amended Section 133 of the Clean Air Act (42 U.S.C. 7433) to authorize the EPA’s Clean Ports Program (or Grants to Reduce Air Pollution at Ports).

The EPA anticipates awarding up to $150 million under this competition, subject to the availability of funds, the quantity and quality of applications received, and other applicable considerations. This NOFO announces the availability of funding for grants related to Climate and Air Quality Planning. The EPA has issued a separate NOFO under Funding Opportunity Number EPA-R-OAR-CPP-24-04 for a competition for ZE technology deployment. Applicants are encouraged to apply to both grant competitions. Across both competitions, at least $750 million is available for projects in nonattainment areas for PM2.5 or ozone, as defined in Section IV.C.2., Section 4.

This Clean Ports Program Climate and Air Quality Planning Competition is a competitive grant program. Funding for port equipment, infrastructure, and planning is also available through other programs funded by the Bipartisan Infrastructure Law and the Inflation Reduction Act.

The EPA’s Ports Initiative has a searchable table of funding opportunities that can support emissions reductions at ports. In addition, the Department of Energy, in coordination with the https://www.epa.gov/ports-initiative https://www.whitehouse.gov/build/resources/nofos-to-know/ https://www.whitehouse.gov/cleanenergy/open-funding-opportunities/ https://www.epa.gov/ports-initiative/funding-opportunities-ports-and-near-port-communities

EPA and the Department of Transportation, developed a webpage that summarizes federal funding opportunities for ports.

B. Program Goals and Objectives

The EPA’s goals for the Clean Ports Program are to: (1) build a foundation for ports across the country to transition to fully ZE operations, positioning ports to serve as a catalyst for transformational change across the freight sector; (2) reduce mobile source pollution in near-port communities, especially disadvantaged communities; and (3) help ensure that meaningful community engagement and emissions reduction planning are port industry standard practices.

The Climate and Air Quality Planning Competition is designed to fund climate and air quality planning activities focused on one or more ports (as defined below) that fall under the categories of (1) emissions inventory and accounting exercises, (2) strategy analysis and goal-setting, (3) stakeholder collaboration and communication, and (4) resilience planning. The list below provides examples of the types of activities within these categories for which applicants may choose to seek funding under this NOFO. This list is not exhaustive.

Note that all applicants are required to include one or more emissions inventory and accounting exercises as part of the project. Applicants are also encouraged, but not required, to include activities in (2)-(4). Note also that selected applicants will be expected to engage with communities about the project and publicly share a detailed written summary of the results of the planning activities.

(1) Examples of emissions inventory and accounting exercises (one or more exercises required)

• Develop a new (or update an existing) port-wide, terminal-specific, and/or category of mobile source (e.g., dray trucks, cargo-handling equipment) inventory including, but not limited to:

o Inventory of port equipment (i.e., collecting emissions-relevant characteristics such as age, fuel type, engine tier, annual usage hours or mileage, and projected remaining useful life) o Baseline emissions inventory following the EPA Port Emissions Inventory Guidance o Projected future year business-as-usual emissions inventory following the EPA Port

Emissions Inventory Guidance

• Collect and/or process data to inform emissions inventory and accounting exercises, including, but not limited to:

o Stakeholder interviews and surveys (e.g., terminal operators, vessel owner/operators) o Vessel registry and traffic information o Truck count/traffic study including origin and destination surveys (which may entail purchase of equipment such as cameras) o Tracking via GPS/telematics to inform fleet and duty cycle analysis https://www.energy.gov/eere/federal-funding-opportunities-port-low-zero-emission-technologies https://www.energy.gov/eere/federal-funding-opportunities-port-low-zero-emission-technologies https://www.epa.gov/ports-initiative/port-and-goods-movement-emission-inventories https://www.epa.gov/ports-initiative/port-and-goods-movement-emission-inventories https://www.epa.gov/ports-initiative/port-and-goods-movement-emission-inventories https://www.epa.gov/ports-initiative/port-and-goods-movement-emission-inventories o Emissions monitoring devices (e.g., on or near trucks or vessels in the port area)

(2) Examples of emissions reduction strategy analysis and goal-setting (optional)

• Develop or update a comprehensive report outlining port emissions reduction goals and strategies informed by scenario analysis (i.e., analysis of different approaches to reducing emissions) and stakeholder engagement

• Assess cost and feasibility of a specific emissions reduction strategy, such as accelerated replacement of older dray trucks, installation of ZE infrastructure such as shore power for vessels at berth, and cargo handling equipment operational strategies

• Conduct scenario analysis: estimate reductions and compare multiple emissions reductions strategies

• Conduct other analyses to inform air quality and climate goal-setting for the port overall

• Identify performance metrics to evaluate impacts of specific strategies (e.g., total emissions reduced per unit of activity; percentages of new equipment purchases that are ZE)

(3) Examples of stakeholder collaboration and communication (optional)

• Create and support a formal structure or process (e.g., advisory groups, committees, series of engagements) to get input from near-port communities and other stakeholders on climate and air quality planning activities. Eligible expenses include, but are not limited to:

o Staff time o Space rental and virtual platform licenses o Creating and maintaining a website and other outreach and communications materials o Support for community participation, such as stipend for community members to serve as long-term consultants, refreshments, childcare, and translation services o Conflict prevention and resolution services, including consultation and coaching, situation assessment, convening, neutral third-party facilitation, mediation, and training services

• Provide trainings and other capacity-building resources to help stakeholders engage effectively in port decision-making, such as a port tour or trainings that provide an overview of port operations and emissions sources (e.g., training based on EPA’s Ports

Primer for Communities)

• For independent port-area businesses and community institutions, offer individualized assistance in assessing climate vulnerabilities and formulating mitigation plans

• Conduct community needs and/or environmental justice assessments

• Develop an air monitoring plan in consultation with community groups to help assess impacts of emissions reduction strategies in specific communities https://www.epa.gov/community-port-collaboration/ports-primer-communities#:~:text=This%20Ports%20Primer%20for%20Communities,terminal%20operators%2C%20and%20federal%20agencies.

https://www.epa.gov/community-port-collaboration/ports-primer-communities#:~:text=This%20Ports%20Primer%20for%20Communities,terminal%20operators%2C%20and%20federal%20agencies.

• Develop a community benefits agreement/plan. Visit the EPA

Community Port Collaboration website for examples

• Conduct local workforce planning analysis. For example, this can include engaging workers, labor unions, and other workforce stakeholders on potential emissions reductions projects, and collaboratively developing solutions for supporting high-quality jobs and workforce pathways

(4) Examples of resilience planning (optional)

• Assess climate change vulnerabilities, such as by gathering local climate data and assessing flood-prone areas

• Identify priority measures to protect port equipment, energy systems, and operations from climate vulnerabilities

• Identify priority measures to protect nearby communities from consequences of climate change that also impact ports

• Analyze scenarios of extreme weather impacts on the port and develop an action plan to mitigate risk

For purposes of this NOFO, a port is either a water port or a dry port, as defined below:

Water port: places on land alongside navigable water (e.g., oceans, rivers, or lakes) with one or more facilities in close proximity for the loading and unloading of passengers or cargo from ships, ferries, and other commercial vessels. This includes facilities that support non-commercial Tribal fishing operations.

Dry port: an intermodal truck-rail facility that is included in the 2024 Federal Highway Administration’s (FHWA) Intermodal Connector Database based on meeting the criteria set in 23 CFR 470. These criteria include having more than 50,000 20-foot equivalent units per year or 100 trucks per day, or comprising more than 20 percent of freight volumes handled by any mode within a State.

A list of eligible dry port facilities is available on the Clean Ports Program website.

Programmatic Priorities The Clean Ports Program programmatic priorities under this NOFO are defined below.

Applicants should address these priorities in their applications.

• Environmental Justice and Disadvantaged Communities: The EPA is committed to accelerating environmental justice (EJ) in communities overburdened by pollution through this program. This program is a covered program under the Justice40 Initiative as set forth in Executive Order 14008: Tackling the Climate Crisis at Home and Abroad.

The goal of the Justice40 Initiative is to ensure that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities that are marginalized https://www.epa.gov/community-port-collaboration/community-port-collaboration-training-modules-and-resources#CBA https://www.epa.gov/community-port-collaboration/community-port-collaboration-training-modules-and-resources#CBA https://www.epa.gov/ports-initiative/cleanports https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad https://www.whitehouse.gov/environmentaljustice/justice40/ by underinvestment and overburdened by pollution. The EPA is committed to meeting the objectives of the Justice40 Initiative.

Specifically, this program is seeking to prioritize projects that take place in or near communities overburdened by air pollution, including those in designated PM2.5 and Ozone nonattainment areas for the EPA’s National Ambient Air Quality Standards, and with high concentrations of diesel particulate matter (PM).

The EPA will evaluate applications on their benefits to disadvantaged communities experiencing poor air quality and the quality and extent of community engagement efforts, as defined in Section IV.C.2., Section 4 and under Section V.A., Criterion 4 of this

NOFO.

Additional details on the contents of applications, including specifics on what should be included in the project narrative, are included in Section IV.C.

• Nonattainment areas: As required by the statute, the EPA plans to award a minimum of $750 million for projects in nonattainment areas across this funding opportunity and Funding Opportunity Number EPA-R-OAR-CPP-24-04.

• Emissions reductions: The EPA encourages applicants to focus on and seek funds for planning projects that will best enable them to build capacity to reduce port emissions and transition to ZE operations over time. For example, applications primarily focused on resiliency planning will not score as favorably as those that include a strong focus on planning activities directly tied to emissions reductions and ZE technology deployment such as emissions inventory development, ZE technology feasibility assessments, and community engagement efforts to identify and prioritize emissions sources to address.

C. Environmental Results and Strategic Plan Information Pursuant to Section 6.a. of EPA Order 5700.7A1, “Environmental Results under EPA Assistance Agreements,” the EPA must link proposed assistance agreements with the Agency’s Strategic Plan. The EPA also requires that grant applicants and recipients adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7A1, Environmental Results under Assistance Agreements). Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the Strategic Plan goals listed below.

1. Linkage to the EPA Strategic Plan: The activities to be funded under this announcement support the EPA’s Fiscal Year (FY) 2022-2026 Strategic Plan. Awards made under this announcement will support Goal 1 “Tackle the Climate Crisis;” Objective 1.1 to “Reduce emissions that cause climate change” and, Goal 4, “Ensure Clean and Healthy Air for All Communities;” Objective 4.1, “Improve Air Quality and Reduce Localized Pollution and http://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf http://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf

Health Impacts.” Under Objective 1.1, the EPA will “aggressively reduce the emissions of greenhouse gases from all sectors while increasing energy and resource efficiency and the use of renewable energy.” Under Objective 4.1, the EPA will “reduce air pollution on local, regional, and national scales to achieve healthy air quality for people and the environment.”

All applications must be for projects that support the goals and objectives above. For more information see EPA’s FY 2022 - FY 2026 EPA Strategic Plan.

2. Outputs: The term “output” means an environmental activity, effort, and/or associated work product related to an environmental goal and objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period.

Expected outputs from the projects to be funded under this announcement include, but are not limited to:

• Development of any of the following:

o Completed or updated port emissions inventory and/or accounting exercise o Emissions reduction targets o Plan for reducing future port emissions o Port resiliency assessment and/or plan to increase resilience of port o Robust forums to engage stakeholders o Workforce impact analysis

• Development of publicly available document summarizing results of planning activities (required)

• Documented outreach efforts (e.g., workshops) undertaken to make local residents aware of project activities and updates and to solicit feedback

Other potential outputs may include but are not limited to:

• Summary of local residents and community-based organizations participating in the design, planning, and performance of the project

• The project’s inclusion in a broader, publicly-available strategy to reduce emissions at the port

• Establishing a clear point of contact in a public platform for community issues and complaints

• A publicly documented policy or process for collecting and addressing community input on port operations and projects that impact air quality

• Instances of dissemination of information on emissions reduction technologies and resiliency measures via listservs, websites, journals, and outreach events

• Staff hired to implement climate and air quality planning exercises

• Increased engagement with workers and/or their representatives at the port about the transition to cleaner technologies and operations

Progress reports and a final report will also be required outputs, as specified in Section VI.C.

of this NOFO.

https://www.epa.gov/planandbudget/strategicplan

3. Outcomes: The term “outcome” means the result, effect or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be environmental, behavioral, health-related, or programmatic in nature, but must also be quantitative. They may not necessarily be achievable within an assistance agreement funding period.

Desired outcomes from the projects to be funded under this announcement include, but are not limited to:

• Increased community outreach and engagement

• Increased stakeholder participation in port planning and decision-making to advance environmental justice

• Increased capacity of the ports to make strategic long-term investments to reduce emissions

• Increased capacity of the ports to improve resilience to current and future climate change impacts

• Increased port staff and stakeholder understanding of current port emissions

• Increased transparency in port planning activities

• Increased awareness of how future emissions reductions activities could impact port workforce, and plan to preserve and create high-quality jobs

Other potential outcomes may include, but are not limited to:

• Financial plan to implement emissions reduction strategies

• Evidence of applicability of ZE technologies in port settings and duty cycles

• Increased understanding of the environmental or economic effectiveness of the implemented technology

• Increased public awareness of emissions reduction technologies and/or resiliency measures

• Training for surrounding community members related to planning practices, with an emphasis on workers from underserved populations

• New training and employment opportunities for members of near-port communities to prepare for future projects

D. Statutory Authority

The statutory authority for this action is Section 133 of the Clean Air Act, 42 U.S.C. 7433, added by the Inflation Reduction Act, Public Law 117-169, which authorizes the EPA to award rebates and grants to purchase or install ZE port equipment or technology, conduct planning or permitting in connection with the purchase or installation of ZE port equipment or technology, and develop qualified climate action plans.

E. Additional Provisions for Applicants Incorporated into the Solicitation

Additional provisions that apply to Sections III, IV, V, and VI, and/or awards made under this solicitation, can be found at EPA Solicitation Clauses. These provisions are important for http://www.epa.gov/grants/epa-solicitation-clauses applying to this solicitation and applicants must review them when preparing applications for this solicitation. If the applicant is unable to access these provisions electronically at the website above, they should contact the EPA point of contact listed in Section VII of this solicitation to obtain the provisions.

II. FEDERAL AWARD INFORMATION

A. Amount of Funding Available The total estimated funding expected to be available for awards under this competitive opportunity is $150 million. Funding is dependent upon funding availability, the quantity and quality of applications received, Agency priorities, and other applicable considerations.

As described in Section I.A. and per the statute, the EPA intends to award a minimum of $750M for projects in nonattainment areas across both this NOFO (EPA-R-OAR-CPP-24-05 Clean Ports Program: Climate and Air Quality Planning Competition), and EPA-R-OAR-CPP-24-04 Clean Ports Program: Zero-Emission Technology Deployment Competition.

B. Number and Amount of Awards The EPA anticipates awarding 50 to 70 grants or cooperative agreements under this announcement, subject to the availability of funds, the quantity and quality of applications received, Agency priorities, and other applicable considerations. The amount of federal funding requested per application must be at least $200,000 and must not exceed $3,000,000.

To ensure port type diversity in the award pool, the EPA plans to grant a minimum of 10 planning awards for projects taking place at small water ports. For applications that include planning activities for multiple ports, the primary project location (based on percentage of time/activity) will be used to determine whether the project qualifies as taking place at a small water port. A small water port is defined as:

• A water port located in a port area to and from which the average annual tonnage of cargo is less than 8,000,000 short tons for the most recent three calendar years of U.S. Army Corps of Engineers (USACE) data (2019, 2020, 2021), or

• A water port located outside of the port areas in USACE tonnage datasets.

A list of port areas that handle greater than 8,000,000 short tons is available on the Clean Ports Program website.

To ensure further geographic and port type diversity in the award pool, the EPA plans to grant a minimum of one planning award per each of EPA’s ten Regions, and a minimum of two planning awards to Tribal applicants. If an application includes projects in more than Region, the applicable Region will be determined by the primary project location (based on percentage of time/activity).

C. Partial Funding In appropriate circumstances, the EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If the EPA decides to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award, thereby maintaining the integrity of the competition and selection process.

D. Additional Awards

The EPA reserves the right to make additional awards under this solicitation, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than 6 months after the original selection decisions. In addition, the EPA reserves the right to reject all applications and make no awards under this announcement or to make fewer awards than anticipated.

E. Award Funding and Incremental/Full Funding

Awards may be fully or incrementally funded, as appropriate, based on funding availability, satisfactory performance, and other applicable considerations.

F. Period of Performance

The estimated period of performance for awards resulting from this solicitation will be up to three years. The estimated project start date for awards is December 1, 2024.

G. Funding Type

It is anticipated that grants and cooperative agreements will be funded under this solicitation.

Successful applicant(s) will be issued a grant or cooperative agreement as appropriate. A cooperative agreement is an assistance agreement that is used when there is substantial federal involvement with the recipient during the performance of an activity or project. The EPA awards cooperative agreements for those projects in which it expects to have substantial interaction with the recipient throughout the recipient’s period of performance. The EPA will negotiate the precise terms and conditions of “substantial involvement” as part of the award process. The anticipated substantial federal involvement for cooperative agreements under the Clean Ports Program may include close monitoring of the recipient’s performance;

collaboration during the performance of the scope of work; and in accordance with 2 CFR §200.317 and 2 CFR §200.318, as appropriate, reviewing proposed procurements, reviewing qualifications of key personnel, and/or reviewing and commenting on the content of printed or electronic publications prepared. The EPA does not have the authority to select employees or contractors employed by the recipient. The final decision on the content of reports rests with the recipient.

III. ELIGIBILITY INFORMATION

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

A. Eligible Entities

Consistent with Assistance Listing No. 66.051, the Clean Air Act Section 133(d) (as amended by the Inflation Reduction Act §60102), and EPA’s Policy for Competition of Assistance Agreements (EPA Order § 5700.5A1), competition under this solicitation is available to:

1. Port authorities;

2. State, regional, local, or Tribal agencies that have jurisdiction over a port authority or a port, where “port” is defined in Section I.B.;

3. Air pollution control agencies (as defined in CAA 302); and

4. Private entities that:

a. apply for a grant in a Statutory Partnership with an entity described in 1-3 above; and

b. own, operate, or use the facilities, cargo-handling equipment, transportation equipment, or related technology of a port.

The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.

“Tribal agencies” are defined as any Indian Tribe, band, nation, or other organized group or community (including Alaska Native Villages), which are federally recognized as eligible for the special programs and services provided by the United States. The EPA has determined that based on the exclusion of Alaskan Native Corporations (ANCs) from the definition of “Indian tribe” in Section 302(r) of the Clean Air Act that ANCs are not eligible as a Tribal agency for direct grants from the EPA under this program. ANCs may be eligible as a private entity, however, and may receive subawards from eligible grantees.

For the purposes of this NOFO, “intertribal consortium” is defined as a partnership between two or more eligible Tribal agencies as defined above, that is authorized by the governing bodies of those Tribes to apply for and receive assistance under this program. Intertribal consortia are eligible to receive assistance under this program only if the consortium demonstrates that all members of the consortium meet the eligibility requirements for the program and authorize the consortium to apply for and receive assistance by submitting to the EPA documentation of (1) the existence of the partnership between Indian Tribal governments, and (2) authorization of the consortium by all its members to apply for and receive the assistance.

A private entity can include for-profit businesses and nonprofit organizations, as long as they meet the requirements described in Section III.A.4.a-b. For example, a private marine terminal operator could be an eligible private entity.

A partnership between an eligible private entity (as defined above in Section III.A.4) and another eligible non-private entity (as defined above in Section III.A.1-3) is a Statutory Partnership. The Statutory Partnership application is comprised of one eligible private entity https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements https://www.epa.gov/grants/epa-order-57005a1-epas-policy-competition-assistance-agreements who enters into a Statutory Partnership Agreement with one or more Statutory Partners (other eligible non-private entities). In a Statutory Partnership application, the eligible private entity is considered the grant recipient and is responsible for carrying out the grant activities if the application is selected for funding. If the application is selected for award, the applicant will enter into an agreement with the Statutory Partner that must contain the elements of the Statutory Partnership Agreement in Appendix B. The applicant must include a copy of a written and signed Statutory Partnership Agreement with their application to be eligible for funding consideration.

Non-statutory partnerships are also allowable to ensure effective grant performance to meet the objectives of the program in Section I. Non-statutory partnerships may be established between an applicant and a Collaborating Entity, which may include both eligible and non-eligible entities. Non-statutory partnerships may be constituted by both financial and non-financial forms of collaboration, however any subawards made by the applicant to Collaborating Entities to implement the project strategies and activities under the application must be made consistent with the grant regulations at 2 CFR 200.331 and as permitted in Appendix A of the EPA Subaward Policy. Applicants may include an optional copy of a written and signed letter of commitment with each Collaborating Entity in their application.

Applicants should reference Section IV.C. for further detail on project narrative instructions and related attachments.

For both Statutory Partnerships and non-statutory partnerships, if selected for award, the applicant will become the grant recipient, operating as a pass-through entity for purposes of 2 CFR Part 200 and the EPA Subaward Policy, and taking responsibility for making subawards to Collaborating Entities, or if applicable, Statutory Partners. The applicant will also be accountable to the EPA for effectively carrying out the full scope of work and the proper financial management of the grant (including the subawards it makes under the grant, and contracts to consultants and procurement contractors selected in accordance with the competitive procurement requirements in 2 CFR Parts 200 and 1500 as well as the EPA’s 40 CFR Part 33 Disadvantaged Business Enterprise rule). Additionally, as provided in 2 CFR § 200.332, the Collaborating Entities, and other subrecipients, will be accountable to the applicant for proper use of EPA funding. Note that pursuant to 2 CFR § 200.332(a)(2), as implemented in Items 2 and 4 of the EPA’s “Establishing and Managing Subawards” General Terms and Conditions, successful applicants in Statutory Partnerships and non-statutory partnerships must ensure that the terms and conditions of the grant agreement “flow down” to all subrecipients in the subawards. The EPA has developed an optional template for subaward agreements, available in Appendix D of the EPA Subaward Policy.

Further information on procurement and distinguishing between subawards and procurement transactions can be found in the Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements and in the EPA Subaward Policy.

https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grant-terms-and-conditions#general https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients

Note that an eligible entity may be listed as a Statutory Partner and/or Collaborating Entity on more than one application.

B. Voluntary Cost Sharing or Matching Funds

No cost sharing/matching funds or leveraged resources are required as a condition of eligibility under this competition.

C. Threshold Eligibility Criteria

All applications will be reviewed for eligibility and must meet the eligibility requirements described in Sections III.A., B., and C., to be considered eligible. If necessary, the EPA may contact applicants to clarify threshold eligibility questions prior to making an eligibility determination. Applicants deemed ineligible for funding consideration due to the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

1. Applications must substantially comply with the application submission instructions and requirements set forth in Section IV or else they will be rejected. However, where a page limit is expressed in Section IV.C. with respect to the application, or parts thereof, pages in excess of the 15-page limitation will not be reviewed. Applicants are advised that readability is of paramount importance and should take precedence in application format, including selecting a legible font type and size for use in the application.

2. All applications must be submitted through Grants.gov as stated in Section IV.A. of this announcement (except in the limited circumstances where another method of submission is specifically allowed for as explained in Section IV.B.) on or before the application submission deadline published in Section IV.B. of this solicitation. Applicants are responsible for following the submission instructions in Section IV.B. of this solicitation to ensure that their application is timely and properly submitted. Please note that applicants experiencing technical issues with submitting through Grants.gov should follow the instructions provided in Section IV.B., which include both the requirement to contact Grants.gov and email a full application to the EPA prior to the deadline.

The EPA will only consider accepting applications outside of Grants.gov from applicants that are able to demonstrate that they are unable to submit through Grants.gov due to Grants.gov or relevant SAM.gov system issues or for unforeseen exigent circumstances, such as extreme weather interfering with internet access. Failure of an applicant to submit prior to the application submission deadline date because they did not properly or timely register in SAM.gov or Grants.gov is not an acceptable reason to justify acceptance of an application outside of Grants.gov. NOTE: Registering in SAM.gov or Grants.gov can take a month or more. Applicants are advised to begin their registration process early so it does not interfere with submitting the application near the deadline.

http://www.grants.gov/

3. Applications must support Goal 1 “Tackle the Climate Crisis”; Objective 1.1 “Reduce Emissions that Cause Climate Change” and Goal 4 “Ensure Clean and Healthy Air for All Communities”; Objective 4.1: “Improve Air Quality and Reduce Localized Pollution and Health Impacts” of the EPA’s Strategic Plan described in Section I.C.

4. Applications which request EPA assistance funds less than $200,000 or in excess of

$3,000,000, as specified in Section II.B. of this NOFO, are not eligible and will not be reviewed.

5. Applicants must include one or more emissions inventory or accounting exercises as part of the project. See examples in Section I.B.

6. Applications from applicants that use a logistics information platform described in Section III.D. are ineligible and will not be reviewed.

7. Applicants may submit up to two applications as long as the same port is not included in more than one application (i.e., all project activities taking place at a port must be grouped in one application). Applicants can include multiple types of projects within one application (either at a single port or multiple ports). Applicants that submit more than one application for projects that serve the same port, or more than two total applications, will be contacted prior to EPA review of any of the applications to determine which application(s) the applicant will withdraw from the competition. In the absence of direction from the applicant, the EPA will review the most recent application submitted for the port or the two most recent applications and deem the other applications ineligible.

D. Ineligible Activities and Other Considerations.

1. Ineligible Costs or Activities. If an application is submitted that includes any ineligible tasks or activities, that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding. Activities and project costs ineligible for funding under this NOFO include:

a. Ineligible project costs related to climate and air quality planning include:

i. Activities that are not focused on one or more ports (see definition of “port” in Section I.B.)

ii. Planning exercises related to emissions or emissions reductions where vehicles, vessels, and other mobile source port equipment are not included

iii. Development of an EJ mapping tool (applicants should instead rely on existing tools)

iv. Vulnerability assessments not related to impacts from extreme weather and other climate-related events and conditions

v. Resiliency measure implementation (construction, equipment, purchase, information systems, etc.)

vi. Emissions reduction strategy implementation (e.g., the purchase of ZE mobile source equipment, which is eligible for funding under Funding

Opportunity Number EPA-R-OAR-CPP-24-04).

b. As proscribed in Section 825 of the National Defense Authorization Act, no funds may be awarded to an entity that uses in part or in whole: the national transportation logistics public information platform (commonly referred to as

‘LOGINK’); any national transportation logistics information platform provided by or sponsored by the People’s Republic of China, or a controlled commercial entity; or a similar system provided by Chinese state-affiliated entities.

IV. APPLICATION AND SUBMISSION INFORMATION

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

A. How to Register to Apply for Grants under this Competition

Note: The registration process can take a month or more. We advise you to start the process as soon as possible so that it does not overlap or interfere with finalizing your application.

Applicants should visit How to Register to Apply for Grants for additional information. All EPA grant applications must be submitted online, except in limited circumstances. Organizations must be registered in two government systems to apply for EPA grants:

1. The System for Award Management (SAM.gov) registers organizations to conduct business with the U.S. Government, which includes federal grants.

2. Grants.gov is the official system for managing all federal grant applications.

These two systems share information. Together, they provide access to everything needed to identify federal grant opportunities and to complete the online application process.

Note that individuals access both systems through a single user account set up in Login.gov.

Creating a Login.gov account is easy. If you do not have a Login.gov account, you will be prompted to create one when you register with SAM.gov or Grants.gov. Learn more about Login.gov.

If you have done business with the federal government previously, you can and should check your entity status using your government issued UEI to determine if your registration is active.

SAM.gov requires you renew your registration every 365 days to keep it active. Organizations should ensure that their SAM.gov registration includes a current e-Business (EBiz) point of https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/grants/how-register-apply-grants https://login.gov/ https://login.gov/ contact name and email address. The EBiz point of contact is critical for Grants.gov Registration and system functionality. If the point of contact has changed, you may need to contact the Federal Service Desk for help with your SAM.gov account: (866) 606-8220. The Federal Service desk hours of operation are Monday – Friday 8am – 8pm ET.

Please note that SAM.gov registration is different than obtaining a UEI only. Obtaining an UEI only validates your organization’s legal business name and address. Please review the Frequently Asked Questions document for additional details.

Follow these steps to register to apply for EPA grants. Start the registration process early. The process can take a month or more. Errors or inconsistencies in registration in the two systems can prolong the process. Applicants are encouraged to start the registration process before you begin your application.

Step 1. Register Your Organization in SAM.gov

Organizations must register with SAM.gov to obtain a Unique Entity Identifier (UEI), which is a 12-character alphanumeric identifier assigned to each unique organization. There is no fee for registering with SAM.gov and registration must be renewed annually.

Registration in SAM.gov requires providing assertions, representations and certifications, and other information so that the federal government can verify the existence and uniqueness of the organization. Follow these steps to get started:

1. Go to the SAM.gov Entity Registration page.