---
kind: "section"
citation: "42 U.S.C. § 7433"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7433"
heading: "Grants to reduce air pollution at ports"
release: "119-102"
url: "https://uscodex.org/usc/42/7433"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter I — Programs and Activities"
  - "Part A — Air Quality and Emission Limitations"
---

# §7433. Grants to reduce air pollution at ports

- (a) **Appropriations—**
  - (1) **General assistance—** In addition to amounts otherwise available, there is appropriated to the [Administrator](/usc/42/7602.md?p=a) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,250,000,000, to remain available until September 30, 2027, to award rebates and grants to [eligible recipients](#d-1) on a competitive basis—
    - (A) to purchase or install [zero-emission port equipment or technology](#d-4) for use at, or to directly serve, one or more ports;
    - (B) to conduct any relevant planning or permitting in connection with the purchase or installation of such [zero-emission port equipment or technology](#d-4); and
    - (C) to develop [qualified climate action plans](#d-3).
  - (2) **Nonattainment areas—** In addition to amounts otherwise available, there is appropriated to the [Administrator](/usc/42/7602.md?p=a) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $750,000,000, to remain available until September 30, 2027, to award rebates and grants to [eligible recipients](#d-1) to carry out activities described in [paragraph (1)](#a-1) with respect to ports located in air quality areas designated pursuant to [section 7407 of this title](/usc/42/7407.md) as nonattainment for an [air pollutant](/usc/42/7602.md?p=g).
- (b) **Limitation—** [Funds](/usc/42/12854.md?p=3) awarded under this section shall not be used by any [recipient](/usc/42/2996a.md?p=6) or subrecipient to purchase or install [zero-emission port equipment or technology](#d-4) that will not be located at, or directly serve, the one or more ports involved.
- (c) **Administration of funds—** Of the [funds](/usc/42/12854.md?p=3) made available by this section, the [Administrator](/usc/42/7602.md?p=a) shall reserve 2 percent for administrative costs necessary to carry out this section.
- (d) **Definitions—** In this section:
  - (1) **Eligible recipient—** The term “eligible recipient” means—
    - (A) a port authority;
    - (B) a [State](/usc/42/7602.md?p=d), regional, local, or Tribal agency that has jurisdiction over a port authority or a port;
    - (C) an [air pollution control agency](/usc/42/7602.md?p=b); or
    - (D) a [private entity](/usc/42/12181.md?p=6) that—
      - (i) applies for a grant under this section in partnership with an entity described in any of [subparagraphs (A) through (C)](#d-1-A..d-1-C); and
      - (ii) owns, operates, or uses the [facilities](/usc/42/11049.md?p=4), cargo-handling equipment, transportation equipment, or related technology of a port.
  - (2) **Greenhouse gas—** The term “greenhouse gas” means the [air pollutants](/usc/42/7602.md?p=g) carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
  - (3) **Qualified climate action plan—** The term “qualified climate action plan” means a detailed and strategic plan that—
    - (A) establishes goals, implementation strategies, and accounting and [inventory](/usc/42/4370m.md?p=14) [practices](/usc/42/17061.md?p=19) to reduce emissions at one or more ports of—
      - (i) [greenhouse gases](#d-2);
      - (ii) an [air pollutant](/usc/42/7602.md?p=g) that is listed pursuant to [section 7408(a) of this title](/usc/42/7408.md?p=a) (or any precursor to such an [air pollutant](/usc/42/7602.md?p=g)); and
      - (iii) hazardous [air pollutants](/usc/42/7602.md?p=g);
    - (B) includes a strategy to collaborate with, communicate with, and address potential effects on low-[income](/usc/42/292s.md?p=c-4) and disadvantaged near-port communities and other stakeholders that may be affected by implementation of the plan; and
    - (C) describes how an [eligible recipient](#d-1) has implemented or will implement measures to increase the [resilience](/usc/42/300j–19a.md?p=l-1) of the one or more ports involved.
  - (4) **Zero-emission port equipment or technology—** The term “zero-emission port equipment or technology” means human-operated equipment or human-maintained technology that—
    - (A) produces zero emissions of any [air pollutant](/usc/42/7602.md?p=g) that is listed pursuant to [section 7408(a) of this title](/usc/42/7408.md?p=a) (or any precursor to such an [air pollutant](/usc/42/7602.md?p=g)) and any [greenhouse gas](#d-2) other than water vapor; or
    - (B) captures 100 percent of the emissions described in [subparagraph (A)](#d-4-A) that are produced by an ocean-going vessel at berth.

## Source credit

(July 14, 1955, ch. 360, title I, § 133, as added Pub. L. 117–169, title VI, § 60102, Aug. 16, 2022, 136 Stat. 2064.)