NHBugs

Protecting trees and forests

Compliance Agreements

Changes to in-state rules

Quick Fact Sheets
What are regulated materials?
    1. All life stages of the emerald ash borer; and
    2. All hardwood firewood (48 inches or less in length); and
    3. Fraxinus (ash) nursery stock; and
    4. Fraxinus (ash) green lumber; and
    5. Fraxinus (ash) logs (logs longer than 48 inches); and
    6. Any other Fraxinus (ash) material, living, dead, cut, or fallen, including bark, chips, stumps, branches, roots and debris; and
    7. Wood chips consisting in any part of Fraxinus (ash) chips;
    8. Any article, product, or means of conveyance not listed above if an authorized state inspector determines that it presents a risk of spreading emerald ash borer.

These questions and answers are for information and education. For the legal content of the quarantine and compliance agreement, contact State Entomologist, Piera Siegert (603-271-2561 or piera.siegert@agr.nh.gov) for the authoritative answers to your specific questions. 

The emerald ash borer quarantine was eliminated in New Hampshire. Why does this still apply to me?

Emerald ash borer continues to be regulated by the USDA. Federal requirements may exist to transport hardwood firewood, ash wood products and all ash nursery stock from anywhere within New Hampshire. Regulations are in place to protect states and counties that are not within the federal emerald ash borer quarantine area. This includes portions of Maine.

What do I need in order to move ash wood products, excluding firewood, to Maine?

You will need a compliance agreement with the USDA for your certified ash pulpwood and roundwood, ash lumber, ash chips, etc., to be moved to Maine. You may request a federal compliance agreement by contacting Stephen Lavallee, the State Plant Health Director for NH and VT at: (802) 369-3208 or stephen.g.lavallee@aphis.usda.gov.

What is a compliance agreement?

It is an agreement between the USDA and the regulated person or industry that allows for the movement of regulated material from New Hampshire to non-quarantine out-of-state areas. It attests that regulated materials will be processed or handled in a manner to render them low-risk for moving emerald ash borer.

When you receive a compliance agreement you are attesting that you have the knowledge of the EAB quarantine and the technical ability to meet the specifications for making a processed product from the ash and hardwood firewood (see below for the definition of processed product).

The agreement is issued after a visit to your facility by a USDA inspector. It is renewed annually.

Who needs a compliance agreement?

Anyone moving unprocessed and processed regulated material out of New Hampshire to or through an area not within the federal EAB quarantine area, such as to Maine.

How do I know if an area is within the federal EAB quarantine?

Information about the federal EAB quarantine area can be found here. Keep in mind that states may enact regulations prior to the USDA modifying their federal order. For information about EAB and Maine.

Are there rules about what time of year I can ship regulated materials?

  • Unprocessed, regulated materials can only leave the federal quarantine area during the non-flight period (October 1 through April 30). They must go to a facility with a federal compliance agreement. The receiving facility must process the material by May 1 (the start of the flight period). The transporter must also have a federal compliance agreement to move the regulated articles under a Limited Permit.
  • Regulated materials must be processed within the federal quarantine area during the flight period (May 1 through September 30) before moving out of the quarantine area. Once processed they don't need to go to a facility with a compliance agreement.

What do you mean by "processed?"

  1. Removal of bark and additional ½ inch of wood; or
  2. Kiln sterilization treatment (for wood up to 3 inches in width) as per the T404-b-4 treatment schedule; or
  3. Fumigation treatment as per T404-b-1; or
  4. Heat treatment to 60° C for 60 minutes as per T314-a; or
  5. Chipping materials to a size of 1 inch or less in two dimensions; or composting of materials as per an APHIS-approved composting procedure; or
  6. Heat treat ash lumber in wood packing material to ISPM-15 standards by an ALSC WPM approved facility that meets IPPC Guidelines as per T404-e-2.

What kind of records do I keep?

Once you have the compliance agreement, you create an auditable paper-trail by filling out and keeping with each shipment:

  • Form PPQ 540 for every shipment of processed material.
  • Form PPQ 530 for every shipment of unprocessed material. Note: unprocessed materials may only be shipped out of the quarantine area from October 1 through May 1 (non-flight period) and only to a facility with a compliance agreement.
  • These are numbered federal forms. When you get a compliance agreement, USDA gives you a book of PPQ 530’s or 540’s, the numbers are recorded on the compliance agreement addendum. The forms are triplicate carbons: 1 stays in your records, 1 goes with the shipment, and 1 stays in the book. The book is surrendered to APHIS upon request or when fully completed.

Can I ship regulated materials out of New Hampshire to an area outside of the federal quarantine area without a compliance agreement?

No. Regulated materials originating in or held within New Hampshire can't be transported or moved outside of the federal quarantine area (i.e. to much of Maine) except as specifically allowed by a compliance agreement between the USDA and the person moving the regulated articles.

How can I get a compliance agreement?

For movement outside of the federal quarantine area (i.e. much of Maine), contact Stephen Lavallee, the State Plant Health Director for NH and VT at 802-369-3208 or stephen.g.lavallee@aphis.usda.gov.