I 

116TH CONGRESS 

1ST SESSION H. R. 5391 

To establish a voluntary program that strengthens the economy, public health, 

and environment of the United States by reducing emissions from wood 

heaters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2019 

Mr. WELCH (for himself and Mrs. RODGERS of Washington) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To establish a voluntary program that strengthens the economy, public health, and environment of the United States 

by reducing emissions from wood heaters, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wood Heaters Emis5 sions Reduction Act of 2019’’ or the ‘‘WHERA Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AFFECTED WOOD HEATER MODEL.—The 

5 term ‘‘affected wood heater model’’ means a model 

6 of wood heater described in— 

7 (A) section 60.530(a) of title 40, Code of 

8 Federal Regulations (or a successor regulation); 

9 and 

10 (B) subsections (a) and (b) of section 

11 60.5472 of that title. 

12 (3) CERTIFIED CLEAN HEATER.—The term 

13 ‘‘certified clean heater’’ means a heater that— 

14 (A) has been certified or verified by— 

15 (i) the Administrator; or 

16 (ii) the California Air Resources 

17 Board; 

18 (B) meets or has emissions below the most 

19 stringent Step 2 emission reductions standards 

20 described in the Final Rule; 

21 (C) with respect to an affected wood heater 

22 model, has a thermal efficiency rating of not 

23 less than 65 percent, as certified by the Admin24 istrator under the Final Rule; and 


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1 (D) is installed by a licensed or certified 

2 professional or verified by the State in which 

3 the heater is being installed. 

4 (4) FINAL RULE.—The term ‘‘Final Rule’’ 

5 means the final rule entitled ‘‘Standards of Perform6 ance for New Residential Wood Heaters, New Resi7 dential Hydronic Heaters and Forced-Air Furnaces’’ 

8 (80 Fed. Reg. 13672 (March 16, 2015)). 

9 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 5304). 

13 (6) REGIONAL AGENCY.—The term ‘‘regional 

14 agency’’ means a regional or local government agen15 cy— 

16 (A) with jurisdiction over air quality; or 

17 (B) that has received approval from the air 

18 quality program of the State of the agency to 

19 carry out a wood heater emissions reduction 

20 and replacement program. 

21 (7) REPLACEMENT OF AN OLD WOOD HEAT22 ER.—The term ‘‘replacement of an old wood heater’’ 

23 means the replacement of an existing wood heater 

24 that— 


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1 (A) does not meet the reductions standards 

2 described in paragraph (3)(B); 

3 (B) is removed from a home or building in 

4 which the wood heater was the primary or sec5 ondary source of heat; and 

6 (C) is surrendered to a supplier, retailer, 

7 or other entity, as defined by the Adminis8 trator, who shall render the existing wood heat9 er inoperable and ensure the existing wood 

10 heater is disposed through— 

11 (i) recycling; or 

12 (ii) scrappage. 

13 (8) STATE.—The term ‘‘State’’ means— 

14 (A) each of the several States of the 

15 United States; 

16 (B) the District of Columbia; 

17 (C) the Commonwealth of Puerto Rico; 

18 (D) Guam; 

19 (E) the United States Virgin Islands; 

20 (F) American Samoa; and 

21 (G) the Commonwealth of the Northern 

22 Mariana Islands. 

23 (9) WOOD HEATER.—The term ‘‘wood heater’’ 

24 means an enclosed, wood-burning appliance capable 

25 of and intended for residential space heating or 


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1 space heating and domestic water heating that is an 

2 affected wood heater model, including— 

3 (A) a residential wood heater; 

4 (B) a hydronic heater; and 

5 (C) a forced-air furnace. 

6 SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR WOOD 

7 HEATER EMISSIONS REDUCTIONS. 

8 (a) IN GENERAL.—Subject to the availability of ap9 propriations, the Administrator shall establish a grant 

10 program that provides funding for grant, rebate, and other 

11 programs administered by States, regional agencies, and 

12 Indian tribes that are designed— 

13 (1) to provide financial incentives to home14 owners for the replacement of old wood heaters that 

15 greatly contribute to particulate pollution with more 

16 efficient, cleaner-burning heaters that are— 

17 (A) properly installed; and 

18 (B) certified clean heaters; 

19 (2) to achieve significant reductions in emis20 sions from wood heaters in terms of pollution pro21 duced by wood heaters and wood heater emissions 

22 exposure; 

23 (3) to help homeowners transition to safer and 

24 more efficient sources of heat; and 


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1 (4) to support retailers, installers, and manu2 facturers that sell and make certified clean heaters 

3 that are more efficient and cleaner-burning. 

4 (b) APPLICATIONS.—The Administrator shall— 

5 (1) provide to States, regional agencies, and In6 dian tribes guidance for use in applying for funding 

7 under this section, including information regard8 ing— 

9 (A) the process and forms for applications; 

10 (B) permissible uses of funds received 

11 under this section; and 

12 (C) the cost-effectiveness of various emis13 sion reduction technologies eligible for funds 

14 provided under this section; 

15 (2) establish, for applications described in para16 graph (1)— 

17 (A) an annual deadline for submission of 

18 the applications; 

19 (B) a process by which the Administrator 

20 shall approve or disapprove each application; 

21 (C) a simplified application submission 

22 process to expedite the provision of funds; and 

23 (D) a streamlined process by which a 

24 State, regional agency, or Indian tribe may 


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1 renew an application described in paragraph (1) 

2 for subsequent fiscal years; 

3 (3) require States or regional agencies applying 

4 for funding under this section to provide detailed in5 formation on how the State or regional agency in6 tends to carry out and verify projects under the 

7 wood heater emissions reduction program of the 

8 State or regional agency, including— 

9 (A) a description of the air quality in the 

10 State or the area in which the regional agency 

11 has jurisdiction; 

12 (B) the means by which the project will 

13 achieve a significant reduction in wood heater 

14 emissions and air pollution, including the esti15 mated quantity of— 

16 (i) residences that depend on non-cer17 tified clean heaters as a primary or sec18 ondary source of heat; and 

19 (ii) air pollution produced by wood 

20 heaters in the State or the area in which 

21 the regional agency has jurisdiction; 

22 (C) an estimate of the cost and economic 

23 benefits of the proposed project; 


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1 (D) the means by which the funds will be 

2 distributed, including a description of the in3 tended recipients of the funds; 

4 (E) a description of any efforts to target 

5 low-income individuals that own older wood 

6 heaters; 

7 (F) provisions for the monitoring and 

8 verification of the project; and 

9 (G) a description of how the program will 

10 carry out the replacement of old wood heaters, 

11 including— 

12 (i) how the older units will be removed 

13 and placed out of service; and 

14 (ii) how new heaters purchased with 

15 funding provided under this section will be 

16 installed; and 

17 (4) require Indian tribes applying for funding 

18 under this section to provide detailed information on 

19 how the Indian tribe intends to carry out and verify 

20 projects under the wood heater emissions reduction 

21 program of the Indian tribe, including— 

22 (A) the means by which the project will 

23 achieve a significant reduction in wood heater 

24 emissions; 


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1 (B) an estimate of the cost and economic 

2 benefits of the proposed project; 

3 (C) the means by which the funds will be 

4 distributed, including a description of the in5 tended recipients of the funds; 

6 (D) a description of any efforts to target 

7 low-income individuals that own older wood 

8 heaters; 

9 (E) provisions for the monitoring and 

10 verification of the project; and 

11 (F) a description of how the program will 

12 carry out the replacement of old wood heaters, 

13 including— 

14 (i) how the older units will be removed 

15 and placed out of service; and 

16 (ii) how new heaters purchased with 

17 funding provided under this section will be 

18 installed. 

19 (c) ALLOCATION OF FUNDS.— 

20 (1) IN GENERAL.—For each fiscal year, the Ad21 ministrator shall allocate funds made available to 

22 carry out this section— 

23 (A) among States, regional agencies, and 

24 Indian tribes that submitted an application 


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1 under this section that was approved by the Ad2 ministrator; 

3 (B) of which not less than 4 percent shall 

4 be allocated to Indian tribes to perform func5 tions that include— 

6 (i) addressing subsequent mainte7 nance costs resulting from the installation 

8 of wood heaters under this section; and 

9 (ii) training qualified installers and 

10 technicians; and 

11 (C) among different geographic areas and 

12 varying population densities. 

13 (2) ALLOCATION PRIORITY.—The Administrator 

14 shall provide to each State, regional agency, and In15 dian tribe described in paragraph (1) for a fiscal 

16 year an allocation of funds, with priority given to 

17 States, regional agencies, and Indian tribes that will 

18 use the funds to support projects that— 

19 (A) maximize public health benefits, in20 cluding indoor and outdoor air quality; 

21 (B) are the most cost-effective; 

22 (C) target the replacement of wood heaters 

23 that emit the most pollution; 

24 (D) include certified clean heaters and 

25 other heaters that achieve emission reductions 


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1 and efficiency improvements that are more 

2 stringent than the Step 2 emission reductions 

3 standards, as described in the Final Rule; 

4 (E) target low-income households; 

5 (F) encourage the recycling of old wood 

6 heaters when replacing those heaters; and 

7 (G) serve areas that— 

8 (i) receive a disproportionate quantity 

9 of air pollution from wood heaters; 

10 (ii) have a high percentage of resi11 dents that use wood as their primary 

12 source of heat; or 

13 (iii) are poor air quality areas, includ14 ing areas identified by the Administrator 

15 as— 

16 (I) in nonattainment or mainte17 nance of national ambient air quality 

18 standards for particulate matter 

19 under section 109 of the Clean Air 

20 Act (42 U.S.C. 7409); or 

21 (II) class I areas under section 

22 162(a) of that Act (42 U.S.C. 

23 7472(a)). 

24 (3) UNOBLIGATED FUNDS.—Any funds that are 

25 not obligated by a State, regional agency, or Indian 


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1 tribe by a date determined by the Administrator in 

2 a fiscal year shall be reallocated pursuant to the pri3 orities described in paragraph (2). 

4 (4) STATE, REGIONAL AGENCY, AND TRIBAL

5 MATCHING INCENTIVE.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), if a State, regional agency, or In8 dian tribe agrees to match the allocation pro9 vided to the State, regional agency, or Indian 

10 tribe under paragraph (1) for a fiscal year, the 

11 Administrator shall provide to the State, re12 gional agency, or Indian tribe for the fiscal year 

13 a matching incentive consisting of an additional 

14 amount equal to 30 percent of the allocation of 

15 the State, regional agency, or Indian tribe 

16 under paragraph (1). 

17 (B) REQUIREMENT.—To receive a match18 ing incentive under subparagraph (A), a State, 

19 regional agency, or Indian tribe— 

20 (i) may not use funds received under 

21 this section to pay a matching share re22 quired under this subsection; and 

23 (ii) shall not be required to provide a 

24 matching share for any additional amount 

25 received under that subparagraph. 


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1 (d) ADMINISTRATION.— 

2 (1) IN GENERAL.—Subject to paragraphs (2) 

3 and (3), States, regional agencies, and Indian tribes 

4 shall use any funds provided under this section— 

5 (A) to develop and implement such pro6 grams in the State or in areas under the juris7 diction of the regional agency or Indian tribe as 

8 are appropriate to meet the needs and goals of 

9 the State, regional agency, or Indian tribe; and 

10 (B) to the maximum extent practicable, to 

11 use the programs described in subparagraph 

12 (A) to give high priority to projects that serve 

13 areas described in subsection (c)(2)(G). 

14 (2) APPORTIONMENT OF FUNDS.—The chief ex15 ecutive officer of a State, regional agency, or Indian 

16 tribe that receives funding under this section may 

17 determine the portion of funds to be provided as 

18 grants and the portion to be provided as rebates. 

19 (3) USE OF FUNDS.—A State, regional agency, 

20 or Indian tribe shall use funds provided under this 

21 section for— 

22 (A) projects to complete the replacement of 

23 old wood heaters, including the installation of 

24 heaters and training of certified installers of 

25 heaters that— 


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1 (i) are at least as efficient and clean2 burning as certified clean heaters; and 

3 (ii) meet the purposes described in 

4 subsection (a); and 

5 (B) with respect to Indian tribes, the pur6 poses described in subsection (c)(1)(B). 

7 (4) SUPPLEMENT, NOT SUPPLANT.—Funds 

8 made available under this section shall be used to 

9 supplement, not supplant, funds made available for 

10 existing State clean air programs. 

11 (5) PUBLIC NOTIFICATION.—Not later than 60 

12 days after the date on which the Administrator 

13 makes funding available under this section each fis14 cal year, the Administrator shall publish on the 

15 website of the Environmental Protection Agency— 

16 (A) the total number of grants awarded 

17 and the amounts provided to States, regional 

18 agencies, and Indian tribes; 

19 (B) a general description of each applica20 tion of a State, regional agency, or Indian tribe 

21 that received funding; and 

22 (C) the estimated number of wood heaters 

23 that will be replaced using funds made available 

24 under this section. 


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1 (6) REPORT.—Not later than 2 years after the 

2 date on which funds are first made available under 

3 this section, and biennially thereafter, the Adminis4 trator shall submit to Congress a report evaluating 

5 the implementation of the program under this sec6 tion. 

7 SEC. 4. OUTREACH AND INCENTIVES. 

8 The Administrator shall establish a program under 

9 which the Administrator shall— 

10 (1) inform stakeholders of the benefits of re11 placing wood heaters that do not meet the Step 2 

12 emission reductions standards described in the Final 

13 Rule; 

14 (2) develop nonfinancial incentives to promote 

15 the proper installation and use of certified clean 

16 heaters; and 

17 (3) consult with Indian tribes to carry out the 

18 purposes of this Act. 

19 SEC. 5. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. 

20 (a) EPA AUTHORITY TO ACCEPT WOOD HEATER

21 EMISSIONS REDUCTION SUPPLEMENTAL ENVIRON22 MENTAL PROJECTS.—Section 1 of Public Law 110–255 

23 (42 U.S.C. 16138) is amended— 

24 (1) in the heading, by inserting ‘‘and wood 

25 heater’’ after ‘‘diesel’’; and 


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1 (2) in the matter preceding paragraph (1), by 

2 inserting ‘‘and wood heater’’ after ‘‘diesel’’. 

3 (b) SETTLEMENT AGREEMENT PROVISIONS.—Sec4 tion 2 of Public Law 110–255 (42 U.S.C. 16139) is 

5 amended in the first sentence— 

6 (1) by inserting ‘‘or wood heater’’ after ‘‘diesel’’ 

7 each place it appears; 

8 (2) by inserting ‘‘, as applicable,’’ before ‘‘if the 

9 Administrator’’; and 

10 (3) by inserting ‘‘, as applicable’’ before the pe11 riod at the end. 

12 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out this Act $75,000,000 for each of fiscal 

15 years 2019 through 2025, to remain available until ex16 pended. 

17 (b) MANAGEMENT AND OVERSIGHT.—The Adminis18 trator may use not more than 1 percent of the amounts 

19 made available under subsection (a) for each fiscal year 

20 for management and oversight of the programs under this 

21 Act. 

Æ 


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