NHBugs

Protecting trees and forests

Compliance Agreements

The Quarantine

Compliance Agreement (addendum)

Certified Compliance Agreement Holders Under the NH Quarantine

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.
Map showing the quarantine area

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

Where is the quarantine area in New Hampshire?

A quarantine of all hardwood firewood, ash wood-products and all ash nursery stock is in effect for Belknap, Hillsborough, Merrimack, and Rockingham counties.

What is a compliance agreement?

It is an agreement between the N.H. Dept. of Agriculture, Markets and Food (NHDAMF), and the regulated person or industry that allows for the movement of regulated material within New Hampshire. 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 NHDAMF inspector. It is renewed annually.

Who needs a compliance agreement?

  • Anyone moving unprocessed and processed regulated material out of the quarantine area.
  • Anyone receiving unprocessed regulated material. However, you don't need to have a compliance agreement to receive processed materials from the quarantine area.
  • They are available to loggers, truckers, portable and stationary chippers, mills or any other type of facilities or persons potentially handling regulated materials from the quarantine area.

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

  • Unprocessed, regulated materials can only leave the quarantine area during the non-flight period (October 1 through April 30). They must go to a facility with a compliance agreement. The receiving facility must process the material by May 1 (the start of the flight period). The transporter must also have a compliance agreement to move the regulated articles under a Limited Permit.
  • Regulated materials must be processed in the 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 is the compliance agreement for the receiving facility?

The receiving facility attests there will be:

  1. Physical separation of all regulated materials from other ash wood materials until processed; and
  2. The waste disposed by shredding or chipping to a size of 1-inch or less in two dimensions and/or burned on site; and
  3. Processing or disposal of material during the EAB non-flight period of October 1 through April 30. Note: Any unprocessed material remaining after May 1 (the EAB flight period) is a violation and will result in the penalty provisions of the quarantine.

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, NHDAMF 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 NHDAMF or APHIS upon request or when fully completed.

Can I ship regulated materials out of the quarantine area without a compliance agreement?

No. Regulated materials originating in or held within the quarantine area can't be transported or moved outside of the quarantine area except as specifically allowed by a compliance agreement between the NHDAMF and the person moving the regulated articles.

If I travel through the quarantine area with regulated materials, does that mean the materials become regulated and I need a compliance agreement?

All regulated materials can move through the quarantine area under the following conditions:

  1. Regulated articles must be safeguarded so as to prevent the potential infestation from EAB while transiting through the quarantine area. Safeguarding means taking action so no emerald ash borer can infest other material during travel. For example, it means you will travel directly and expediently through the quarantine area with no stopping except for traffic conditions, among other actions.
  2. The point of origin must be indicated on the bill of lading or shipping documents.

How can I get a compliance agreement?

For movement within New Hampshire (intrastate movement), contact the N.H. Dept. of Agriculture Markets and Foods in writing, by telephone (603-271-2561) or by email (piera.siegert@agr.nh.gov)

I understand I need a work plan as part of the compliance agreement. What is in a work plan and how to I develop one?

A work plan demonstrates how you will be handling regulated materials. The plan can be written after a visit from the NHDAMF and written with their assistance. It includes information about how you are handling the regulated materials. It is in effect when you sign the compliance agreement.

Elements in the plan should reflect the kind of facility you are: Are you a mill within the quarantine area processing ash and shipping it out? Are you a mill outside of the quarantine area receiving regulated material during the non-flight period? Are you a portable chipper who can make the 1-inch or less in 2-planar-dimension chips when your equipment is properly maintained? It will also spell out some of the specifics for your use of the regulate materials.

I understand that there is is also a federal quarantine. What does that mean?

This means the movement of regulated materials from the quarantine area to outside of New Hampshire (interstate movement) is regulated by USDA APHIS, PPQ. Federal Order DA-2013-16 describes the federal quarantine. For information on regulatory requirements for moving articles out of quarantined areas in New Hampshire, contact the APHIS State Plant Health Director, Stephen Lavallee, (802) 280-9976.