S. 3779Senate115th Congress (2017-2019)In Committee

WHERA Act

AI-Generated Summary

Updated April 16, 2026 at 12:37 AM UTC

The Wood Heaters Emissions Reduction Act (WHERA) creates a voluntary, EPA‑run grant program to cut pollution from residential wood‑burning appliances. It gives states, local agencies, and Indian tribes funding to replace old wood heaters with cleaner, EPA‑certified Step 2 models, especially targeting low‑income households and areas with bad air quality. The program includes financial incentives, training, recycling of old units, outreach, and regular reporting, with $75 million authorized each year through 2024.

Key Provisions

The EPA Administrator must set up a voluntary grant program that gives states, regional agencies, and Indian tribes money to help homeowners replace old, high‑polluting wood heaters with cleaner, EPA‑certified “Step 2” models.
Grants can be used for rebates, incentives, installation training, and recycling of the old units, with a focus on low‑income households and areas with poor air quality.
Funding is allocated each fiscal year, with at least 4 % reserved for Indian tribes; projects are prioritized by health benefits, cost‑effectiveness, pollution reduction, and targeting of high‑pollution or low‑income areas.
If a state, agency, or tribe matches the federal award, the EPA adds a matching incentive equal to 30 % of the award.
The EPA must publish details of awarded grants and the number of heaters to be replaced, and report to Congress every two years on program performance.
The Act adds wood‑heater projects to the EPA’s existing supplemental environmental project authority and provides $75 million per year from FY 2019‑2024 (with up to 1 % for administration).
An outreach program will inform stakeholders about the benefits of Step 2 heaters and develop non‑financial incentives, while consulting with Indian tribes.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S7927-7928)

Environment and Public Works Committee

December 19, 2018

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SenateIntro Referral

Introduced in Senate

December 19, 2018

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S7927-7928)

Environment and Public Works Committee

December 19, 2018

Floor Debate

3 members

What members said about S. 3779 on the floor

1 Republican2 Democrats

Sen. Thomas R. CarperD-DE · Dec 19, 2018

Mr. President, I rise to talk about the Wood Heater Emissions Reduction Act, or WHERA, which I am introducing today with my good friend (Ms. Murkowski), the senior Senator from Alaska. In 2005, my…

Mr. President, I rise to talk about the Wood Heater Emissions Reduction Act, or WHERA, which I am introducing today with my good friend (Ms. Murkowski), the senior Senator from Alaska.

In 2005, my dear friend, former Senator Voinovich, came to me with a great idea--the Diesel Emissions Reduction Act, or DERA. DERA didn't roll back emissions standards for diesel engines, but instead created an Environmental Protection Agency (EPA) grant program to incentivize the use of newer diesel technology. Together, and joined by many of my colleagues that are still serving in the Senate today, we established one of the most successful clean air programs on the books. This program is one that is loved by retailers, manufactures, States and health groups alike.

As many of my colleagues know, I'm someone that is always trying to find out what works and do more of it. When my staff explained to me the public health challenges that residential wood heaters present to communities, especially rural communities across this country; I knew the challenges were very similar to the ones we faced with diesel engines in 2005. I knew if DERA could be a successful program to retrofit or replace old diesel engines, we could use the program as a framework to replace residential wood heaters.

Like the eleven million old diesel engines that were on the road a decade ago, there are over eleven million homes that use wood as a primary or secondary heat source, and a majority of those homes are located in rural

areas. These residential wood heaters, such as woodstoves, pellet stoves and wood furnaces, often have a long life-span, some lasting more than fifty years. Due to this long lifespan, industry estimates that six million residential wood heaters in operation today do not meet 1988 EPA Clean Air Act emission standards, much less the current emissions standards implemented in 2015.

Collectively, older residential wood heaters are a major source of air pollution in the United States, especially in rural areas. According to EPA, older, inefficient residential wood heaters can produce a deadly mix of particulate matter (or PM), carbon monoxide, volatile organic compounds (which contribute to ozone), black carbon (which contributes to climate change) and air toxics (such as benzene and formaldehyde). This pollution builds up inside and outside the home and contaminates the air we breathe. This pollution can trigger asthma attacks and cause lung damage, cancer, and other significant health problems, including death.

As other industries clean up their air emissions, older, inefficient residential wood heaters stand out among the largest sources of PM pollution. EPA data indicate that nation-wide, inefficient residential wood heaters emit five times more PM pollution than the U.S. petroleum refineries, cement manufacturers, and pulp and paper plants combined. In Delaware alone, older wood heaters are the second largest source of PM pollution in the state, contributing more than highway vehicles, electric utilities and the petroleum industries combined. In Alaska, inefficient woodstoves and wood heaters play a significant role in the classification of Fairbanks as a nonattainment area for fine particulate air pollution.

Fortunately, technology made and sold in the U.S. can dramatically reduce the pollution that is emitted from residential wood heaters and the amount of wood needed to heat a home. Wood heaters being made today that meet EPA's strictest emission standards emit at least 70% less PM and save consumers twenty to forty percent in heating costs from gained efficiencies. If we could encourage all homeowners to use the latest residential wood heater technology, it could have a massive beneficial effect on public health. EPA has determined that replacing just one old, inefficient wood heater is equivalent to taking five dirty diesel engines off the road and the monetized public health benefits from replacing the Nation's old, inefficient residential wood heaters would be up to $126 billion per year. Baser on all that we know, it is clear that replacing older stoves for newer, cleaner burning stoves will result in cleaner air, lower healthcare bills and lower costs for consumers.

Unfortunately, as with old diesel engine owners, most homeowners are not aware of the health problems associated with their old wood heaters or cannot afford to buy a new wood heater on their own. This means that newer, cleaner heaters are not getting into homes fast enough. The Carper-Murkowski Wood Heater Emissions Reduction Act attempts to solve this problem.

WHERA authorizes a five-year grant program at EPA to incentivize the removal and replacement of old, inefficient residential wood heaters for more efficient, clean-burning heaters. Specifically, WHERA funding targets incentives to: (1) scrap or recycle old wood heaters; and (2) replace them with new, efficient, clean burning and properly installed heaters that at least meet EPA's most stringent wood heater emission standards. Using the successful Diesel Emissions Reduction Act as a model, WHERA allows States, Indian tribes, territories, and local air quality agencies to compete for Federal dollars to fund wood heater change-out programs that work for their communities.

WHERA also supports retailers and manufacturers with the transition to cleaner, more efficient residential wood heaters. WHERA incentivizes homeowners to buy the best available residential wood heater products-- when they might not otherwise do so--giving financial incentives for retailers and manufacturers to sell and make the best products. Overall, the residential wood heater industry has been supportive of such wood heater change-out programs at the State and local level.

Because rural areas and tribal areas have a disproportionate need, WHERA also requires that Indian tribal and rural communities are fairly represented in funding allocations and that Indian tribal governments receive at least 4% of total funding under the program.

My friend from Alaska and I feel that we've put together a program that will be as, or more, successful than the DERA program. Replacing outdated wood heaters with new clean-burning heaters that meet EPA emission standards will reduce toxic air pollution and particulate matter, protect public health, and support American jobs. This legislation is a true win-win-win, and one that I commend to my colleagues for their serious consideration.

Sen. Thomas R. CarperD-DE · Dec 19, 2018

Mr. President, I rise to talk about the Wood Heater Emissions Reduction Act, or WHERA, which I am introducing today with my good friend (Ms. Murkowski), the senior Senator from Alaska. In 2005, my…

Mr. President, I rise to talk about the Wood Heater Emissions Reduction Act, or WHERA, which I am introducing today with my good friend (Ms. Murkowski), the senior Senator from Alaska.

Sen. Orrin G. HatchR-UT · Dec 19, 2018

Mr. President, on May 14, 2018, the Supreme Court in Murphy v. NCAA, 138 S. Ct. 1461, 2018, struck down the Federal prohibition of State-authorized sports wagering schemes. I was one of four original authors of that prohibition, the Professional and Amateur Sports Protection Act of 1992, Public Law 102-559; 106 Stat. 4227, which found that ``sports gambling conducted pursuant to State law threatens the integrity and character of, and public confidence in, professional and amateur sports, instills inappropriate values in the Nation's youth, misappropriates the goodwill and popularity of professional and amateur sports organizations, and dilutes and tarnishes the service marks of such organizations.''

Today, I joined with Senator Chuck Schumer to introduce the Sports Wagering Market Integrity Act of 2018, a comprehensive legislative response to the Murphy decision. This legislation is the product of nearly one year of discussions with stakeholders on all sides of the issue, the gaming industry, professional and amateur sports leagues, consumer advocates, data providers, law enforcement, and many others.

I would urge my soon-to-be former colleagues and other Members of Congress, should they choose to take up this issue, to use the bill I have introduced today as a starting point for their work, but recognize that there is much work to be done, and I would anticipate that any final legislation might look very different from the bill that was introduced today. For example, the degree to which the Department of Justice or other Federal agencies need to be involved in overseeing state sports wagering regimes, the appropriate level of control that sports organizations should have over sports wagering, and the basis for requiring the use of so-called official league data continue to be open questions in my mind. I do not necessarily believe that those and other provisions introduced in the bill today reflect a final decision regarding the appropriate policy. But these provisions do flag many of the difficult issues to be considered as part of the sports wagering discussion. I would urge my colleagues not to be discouraged by the challenges and competing interests, and I look forward to being supportive of future congressional efforts to engage on this issue.

Sen. Richard J. DurbinD-IL · Dec 19, 2018

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued December 19, 2018

115th CONGRESS

2d Session

S. 3779

IN THE SENATE OF THE UNITED STATES

December 19, 2018

Mr. Carper (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

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.

Short title

This Act may be cited as the Wood Heaters Emissions Reduction Act of 2018 or the WHERA Act.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of the Environmental 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)

EPA-certified Step 2 wood heater

The term EPA-certified Step 2 wood heater means a wood heater that—

(A)

has been certified or verified by the Administrator;

(B)

meets or exceeds the Step 2 emission reductions standards described in the Final Rule; and

(C)

is installed by a licensed or certified professional or verified by the State in which the wood heater is being installed.

(4)

Final rule

The term Final Rule means the final rule entitled Standards of Performance for New Residential Wood Heaters, New Residential 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 any regional or local government agency with jurisdiction over air quality.

(7)

Replacement of an old wood heater

The term replacement of an old wood heater means the replacement of an existing wood heater that—

(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 secondary source of heat; and

(C)

is surrendered to a supplier, retailer, or other entity, as defined by the Administrator, who shall render the existing wood heater 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 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.

Establishment of grant program for wood heater emissions reductions

(a)

In general

Subject to the availability of appropriations, 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 homeowners 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)

at least as efficient and clean-burning as EPA-certified Step 2 wood heaters;

(2)

to achieve significant reductions in emissions from wood heaters in terms of pollution produced by wood heaters and wood heater emissions exposure;

(3)

to help homeowners transition to safer and more efficient sources of heat; and

(4)

to support retailers and manufacturers that sell and make wood heaters that are more efficient and cleaner-burning.

(b)

Applications

The Administrator shall—

(1)

provide to States, regional agencies, and Indian tribes guidance for use in applying for funding under this section, including information regarding—

(A)

the process and forms for applications;

(B)

permissible uses of funds received under this section; and

(C)

the cost-effectiveness of various emission reduction wood heater technologies eligible for funds provided under this section;

(2)

establish, for applications described in paragraph (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 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 information on how the State or regional agency intends 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 estimated quantity of—

(i)

residences that depend on non-EPA-certified Step 2 wood heaters as a primary or secondary 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;

(D)

the means by which the funds will be distributed, including a description of the intended 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;

(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 intended 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 Administrator shall allocate funds made available to carry out this section—

(A)

among States, regional agencies, and Indian tribes that submitted an application under this section that was approved by the Administrator;

(B)

of which not less than 4 percent shall be allocated to Indian tribes to perform functions that include—

(i)

addressing subsequent maintenance 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 Indian 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;

(B)

are the most cost-effective;

(C)

target the replacement of wood heaters that emit the most pollution;

(D)

include EPA-certified Step 2 wood heaters and other heaters that achieve emission reductions and efficiency improvements beyond 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 residents that use wood as their primary source of heat; or

(iii)

are poor air quality areas, including areas identified by the Administrator as—

(I)

in nonattainment or maintenance 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 tribe by a date determined by the Administrator in a fiscal year shall be reallocated pursuant to the priorities described in paragraph (2).

(4)

State, regional agency, and tribal matching incentive

(A)

In general

Subject to subparagraph (B), if a State, regional agency, or Indian tribe agrees to match the allocation provided to the State, regional agency, or Indian tribe under paragraph (1) for a fiscal year, the Administrator shall provide to the State, regional 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 matching 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 required under this subsection; and

(ii)

shall not be required to provide a matching share for any additional amount received under that subparagraph.

(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 programs in the State or in areas under the jurisdiction 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 executive 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—

(i)

are at least as efficient and clean-burning as EPA-certified Step 2 wood heaters; and

(ii)

meet the purposes described in subsection (a); and

(B)

with respect to Indian tribes, the purposes 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 fiscal 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 application 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.

(6)

Report

Not later than 2 years after the date on which funds are first made available under this section, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the program under this section.

Outreach and incentives

The Administrator shall establish a program under which the Administrator shall—

(1)

inform stakeholders of the benefits of replacing wood heaters that do not meet or exceed the Step 2 emission reductions standards described in the Final Rule;

(2)

develop nonfinancial incentives to promote the proper installation and use of EPA-certified Step 2 wood heaters; and

(3)

consult with Indian tribes to carry out the purposes of this Act.

Supplemental environmental projects

(a)

EPA authority To accept wood heater emissions reduction supplemental environmental 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

(2)

in the matter preceding paragraph (1), by inserting and wood heater after diesel.

(b)

Settlement agreement provisions

Section 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 period at the end.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2019 through 2024, to remain available until expended.

(b)

Management and oversight

The Administrator 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.