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 econ-
omy, public health, and environment of the United States 
by reducing emissions from wood heaters, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wood Heaters Emis-
sions Reduction Act of 2019’’ or the ‘‘WHERA Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AFFECTED
WOOD
HEATER
MODEL.—The 
term ‘‘affected wood heater model’’ means a model 
of wood heater described in— 
(A) section 60.530(a) of title 40, Code of 
Federal Regulations (or a successor regulation); 
and 
(B) subsections (a) and (b) of section 
60.5472 of that title. 
(3) CERTIFIED
CLEAN
HEATER.—The term 
‘‘certified clean heater’’ means a heater that— 
(A) has been certified or verified by— 
(i) the Administrator; or 
(ii) the California Air Resources 
Board; 
(B) meets or has emissions below the most 
stringent Step 2 emission reductions standards 
described in the Final Rule; 
(C) with respect to an affected wood heater 
model, has a thermal efficiency rating of not 
less than 65 percent, as certified by the Admin-
istrator under the Final Rule; and 
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(D) is installed by a licensed or certified 
professional or verified by the State in which 
the heater is being installed. 
(4) FINAL
RULE.—The term ‘‘Final Rule’’ 
means the final rule entitled ‘‘Standards of Perform-
ance for New Residential Wood Heaters, New Resi-
dential Hydronic Heaters and Forced-Air Furnaces’’ 
(80 Fed. Reg. 13672 (March 16, 2015)). 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(6) REGIONAL
AGENCY.—The term ‘‘regional 
agency’’ means a regional or local government agen-
cy— 
(A) with jurisdiction over air quality; or 
(B) that has received approval from the air 
quality program of the State of the agency to 
carry out a wood heater emissions reduction 
and replacement program. 
(7) REPLACEMENT OF AN OLD WOOD HEAT-
ER.—The term ‘‘replacement of an old wood heater’’ 
means the replacement of an existing wood heater 
that— 
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(A) does not meet the reductions standards 
described in paragraph (3)(B); 
(B) is removed from a home or building in 
which the wood heater was the primary or sec-
ondary source of heat; and 
(C) is surrendered to a supplier, retailer, 
or other entity, as defined by the Adminis-
trator, who shall render the existing wood heat-
er inoperable and ensure the existing wood 
heater is disposed through— 
(i) recycling; or 
(ii) scrappage. 
(8) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) the United States Virgin Islands; 
(F) American Samoa; and 
(G) the Commonwealth of the Northern 
Mariana Islands. 
(9) WOOD HEATER.—The term ‘‘wood heater’’ 
means an enclosed, wood-burning appliance capable 
of and intended for residential space heating or 
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space heating and domestic water heating that is an 
affected wood heater model, including— 
(A) a residential wood heater; 
(B) a hydronic heater; and 
(C) a forced-air furnace. 
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR WOOD 
HEATER EMISSIONS REDUCTIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Administrator shall establish a grant 
program that provides funding for grant, rebate, and other 
programs administered by States, regional agencies, and 
Indian tribes that are designed— 
(1) to provide financial incentives to home-
owners for the replacement of old wood heaters that 
greatly contribute to particulate pollution with more 
efficient, cleaner-burning heaters that are— 
(A) properly installed; and 
(B) certified clean heaters; 
(2) to achieve significant reductions in emis-
sions from wood heaters in terms of pollution pro-
duced by wood heaters and wood heater emissions 
exposure; 
(3) to help homeowners transition to safer and 
more efficient sources of heat; and 
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(4) to support retailers, installers, and manu-
facturers that sell and make certified clean heaters 
that are more efficient and cleaner-burning. 
(b) APPLICATIONS.—The Administrator shall— 
(1) provide to States, regional agencies, and In-
dian tribes guidance for use in applying for funding 
under this section, including information regard-
ing— 
(A) the process and forms for applications; 
(B) permissible uses of funds received 
under this section; and 
(C) the cost-effectiveness of various emis-
sion reduction technologies eligible for funds 
provided under this section; 
(2) establish, for applications described in para-
graph (1)— 
(A) an annual deadline for submission of 
the applications; 
(B) a process by which the Administrator 
shall approve or disapprove each application; 
(C) a simplified application submission 
process to expedite the provision of funds; and 
(D) a streamlined process by which a 
State, regional agency, or Indian tribe may 
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renew an application described in paragraph (1) 
for subsequent fiscal years; 
(3) require States or regional agencies applying 
for funding under this section to provide detailed in-
formation on how the State or regional agency in-
tends to carry out and verify projects under the 
wood heater emissions reduction program of the 
State or regional agency, including— 
(A) a description of the air quality in the 
State or the area in which the regional agency 
has jurisdiction; 
(B) the means by which the project will 
achieve a significant reduction in wood heater 
emissions and air pollution, including the esti-
mated quantity of— 
(i) residences that depend on non-cer-
tified clean heaters as a primary or sec-
ondary source of heat; and 
(ii) air pollution produced by wood 
heaters in the State or the area in which 
the regional agency has jurisdiction; 
(C) an estimate of the cost and economic 
benefits of the proposed project; 
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(D) the means by which the funds will be 
distributed, including a description of the in-
tended recipients of the funds; 
(E) a description of any efforts to target 
low-income individuals that own older wood 
heaters; 
(F) provisions for the monitoring and 
verification of the project; and 
(G) a description of how the program will 
carry out the replacement of old wood heaters, 
including— 
(i) how the older units will be removed 
and placed out of service; and 
(ii) how new heaters purchased with 
funding provided under this section will be 
installed; and 
(4) require Indian tribes applying for funding 
under this section to provide detailed information on 
how the Indian tribe intends to carry out and verify 
projects under the wood heater emissions reduction 
program of the Indian tribe, including— 
(A) the means by which the project will 
achieve a significant reduction in wood heater 
emissions; 
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(B) an estimate of the cost and economic 
benefits of the proposed project; 
(C) the means by which the funds will be 
distributed, including a description of the in-
tended recipients of the funds; 
(D) a description of any efforts to target 
low-income individuals that own older wood 
heaters; 
(E) provisions for the monitoring and 
verification of the project; and 
(F) a description of how the program will 
carry out the replacement of old wood heaters, 
including— 
(i) how the older units will be removed 
and placed out of service; and 
(ii) how new heaters purchased with 
funding provided under this section will be 
installed. 
(c) ALLOCATION OF FUNDS.— 
(1) IN GENERAL.—For each fiscal year, the Ad-
ministrator shall allocate funds made available to 
carry out this section— 
(A) among States, regional agencies, and 
Indian tribes that submitted an application 
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under this section that was approved by the Ad-
ministrator; 
(B) of which not less than 4 percent shall 
be allocated to Indian tribes to perform func-
tions that include— 
(i) addressing subsequent mainte-
nance costs resulting from the installation 
of wood heaters under this section; and 
(ii) training qualified installers and 
technicians; and 
(C) among different geographic areas and 
varying population densities. 
(2) ALLOCATION PRIORITY.—The Administrator 
shall provide to each State, regional agency, and In-
dian tribe described in paragraph (1) for a fiscal 
year an allocation of funds, with priority given to 
States, regional agencies, and Indian tribes that will 
use the funds to support projects that— 
(A) maximize public health benefits, in-
cluding indoor and outdoor air quality; 
(B) are the most cost-effective; 
(C) target the replacement of wood heaters 
that emit the most pollution; 
(D) include certified clean heaters and 
other heaters that achieve emission reductions 
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and efficiency improvements that are more 
stringent than the Step 2 emission reductions 
standards, as described in the Final Rule; 
(E) target low-income households; 
(F) encourage the recycling of old wood 
heaters when replacing those heaters; and 
(G) serve areas that— 
(i) receive a disproportionate quantity 
of air pollution from wood heaters; 
(ii) have a high percentage of resi-
dents that use wood as their primary 
source of heat; or 
(iii) are poor air quality areas, includ-
ing areas identified by the Administrator 
as— 
(I) in nonattainment or mainte-
nance of national ambient air quality 
standards 
for 
particulate 
matter 
under section 109 of the Clean Air 
Act (42 U.S.C. 7409); or 
(II) class I areas under section 
162(a) of that Act (42 U.S.C. 
7472(a)). 
(3) UNOBLIGATED FUNDS.—Any funds that are 
not obligated by a State, regional agency, or Indian 
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tribe by a date determined by the Administrator in 
a fiscal year shall be reallocated pursuant to the pri-
orities described in paragraph (2). 
(4) STATE, REGIONAL
AGENCY, AND
TRIBAL 
MATCHING INCENTIVE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), if a State, regional agency, or In-
dian tribe agrees to match the allocation pro-
vided to the State, regional agency, or Indian 
tribe under paragraph (1) for a fiscal year, the 
Administrator shall provide to the State, re-
gional agency, or Indian tribe for the fiscal year 
a matching incentive consisting of an additional 
amount equal to 30 percent of the allocation of 
the State, regional agency, or Indian tribe 
under paragraph (1). 
(B) REQUIREMENT.—To receive a match-
ing incentive under subparagraph (A), a State, 
regional agency, or Indian tribe— 
(i) may not use funds received under 
this section to pay a matching share re-
quired under this subsection; and 
(ii) shall not be required to provide a 
matching share for any additional amount 
received under that subparagraph. 
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(d) ADMINISTRATION.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), States, regional agencies, and Indian tribes 
shall use any funds provided under this section— 
(A) to develop and implement such pro-
grams in the State or in areas under the juris-
diction of the regional agency or Indian tribe as 
are appropriate to meet the needs and goals of 
the State, regional agency, or Indian tribe; and 
(B) to the maximum extent practicable, to 
use the programs described in subparagraph 
(A) to give high priority to projects that serve 
areas described in subsection (c)(2)(G). 
(2) APPORTIONMENT OF FUNDS.—The chief ex-
ecutive officer of a State, regional agency, or Indian 
tribe that receives funding under this section may 
determine the portion of funds to be provided as 
grants and the portion to be provided as rebates. 
(3) USE OF FUNDS.—A State, regional agency, 
or Indian tribe shall use funds provided under this 
section for— 
(A) projects to complete the replacement of 
old wood heaters, including the installation of 
heaters and training of certified installers of 
heaters that— 
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(i) are at least as efficient and clean- 
burning as certified clean heaters; and 
(ii) meet the purposes described in 
subsection (a); and 
(B) with respect to Indian tribes, the pur-
poses described in subsection (c)(1)(B). 
(4) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under this section shall be used to 
supplement, not supplant, funds made available for 
existing State clean air programs. 
(5) PUBLIC NOTIFICATION.—Not later than 60 
days after the date on which the Administrator 
makes funding available under this section each fis-
cal year, the Administrator shall publish on the 
website of the Environmental Protection Agency— 
(A) the total number of grants awarded 
and the amounts provided to States, regional 
agencies, and Indian tribes; 
(B) a general description of each applica-
tion of a State, regional agency, or Indian tribe 
that received funding; and 
(C) the estimated number of wood heaters 
that will be replaced using funds made available 
under this section. 
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(6) REPORT.—Not later than 2 years after the 
date on which funds are first made available under 
this section, and biennially thereafter, the Adminis-
trator shall submit to Congress a report evaluating 
the implementation of the program under this sec-
tion. 
SEC. 4. OUTREACH AND INCENTIVES. 
The Administrator shall establish a program under 
which the Administrator shall— 
(1) inform stakeholders of the benefits of re-
placing wood heaters that do not meet the Step 2 
emission reductions standards described in the Final 
Rule; 
(2) develop nonfinancial incentives to promote 
the proper installation and use of certified clean 
heaters; and 
(3) consult with Indian tribes to carry out the 
purposes of this Act. 
SEC. 5. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. 
(a) EPA AUTHORITY TO ACCEPT WOOD HEATER 
EMISSIONS
REDUCTION
SUPPLEMENTAL
ENVIRON-
MENTAL PROJECTS.—Section 1 of Public Law 110–255 
(42 U.S.C. 16138) is amended— 
(1) in the heading, by inserting ‘‘and wood 
heater’’ after ‘‘diesel’’; and 
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(2) in the matter preceding paragraph (1), by 
inserting ‘‘and wood heater’’ after ‘‘diesel’’. 
(b) SETTLEMENT AGREEMENT PROVISIONS.—Sec-
tion 2 of Public Law 110–255 (42 U.S.C. 16139) is 
amended in the first sentence— 
(1) by inserting ‘‘or wood heater’’ after ‘‘diesel’’ 
each place it appears; 
(2) by inserting ‘‘, as applicable,’’ before ‘‘if the 
Administrator’’; and 
(3) by inserting ‘‘, as applicable’’ before the pe-
riod at the end. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $75,000,000 for each of fiscal 
years 2019 through 2025, to remain available until ex-
pended. 
(b) MANAGEMENT AND OVERSIGHT.—The Adminis-
trator may use not more than 1 percent of the amounts 
made available under subsection (a) for each fiscal year 
for management and oversight of the programs under this 
Act. 
Æ 
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