(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State or each portion of a State in which the emerald ash borer has been found by an inspector, in which the Administrator has reason to believe that the emerald ash borer is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where emerald ash borer has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and
(2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the emerald ash borer.
(b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.
(c) The following areas are designated as quarantined areas:
Illinois
The entire State.
Indiana
The entire State.
Kentucky
Boone County. The entire county.
Bourbon County. The entire county.
Campbell County. The entire county.
Carroll County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Gallatin County. The entire county.
Grant County. The entire county.
Greenup County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Jefferson County. The entire county.
Jessamine County. The entire county.
Kenton County. The entire county.
Oldham County. The entire county.
Owen County. The entire county.
Pendleton County. The entire county.
Scott County. The entire county.
Shelby County. The entire county.
Trimble County. The entire county.
Woodford County. The entire county.
Maryland
Charles County. The entire county.
Prince George's County. The entire county.
Michigan
Upper Peninsula:
Alger County. The entire county.
Chippewa County. The entire county. [Note: This quarantined area includes tribal land of the Bay Mills Indian Community. Movement of regulated articles on those lands is subject to tribal jurisdiction.]
Delta County. The entire county.
Houghton County. The entire county.
Keweenaw County. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Schoolcraft County. The entire county.
Lower Peninsula: All counties, in their entirety (i.e., Alcona, Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton, Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron, Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent, Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason, Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon, Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa, Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph, Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).
Minnesota
Hennepin County. The entire county.
Houston County. The entire county.
Ramsey County. The entire county.
Missouri
Wayne County. The entire county.
New York
Cattaraugus County. The entire county.
Chautauqua County. The entire county.
Ohio
The entire State.
Pennsylvania
Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Butler County. The entire county.
Indiana County. The entire county.
Juniata County. The entire county.
Lawrence County. The entire county.
Mercer County. The entire county.
Mifflin County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.
Virginia
City of Alexandria. The entire city.
City of Fairfax. The entire city.
City of Falls Church. The entire city.
City of Manassas. The entire city.
City of Manassas Park. The entire city.
Arlington County. The entire county.
Fairfax County. The entire county.
Fauquier County. The entire county.
Loudon County. The entire county.
Prince William County. The entire county.
West Virginia
The entire State.
Wisconsin
Brown County. The entire county.
Crawford County. The entire county.
Fond du Lac County. The entire county.
Kenosha County. The entire county.
Milwaukee County. The entire county.
Ozaukee County. The entire county.
Racine County. The entire county.
Sheboygan County. The entire county.
Vernon County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county. [68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR 10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24, 2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, Apr. 2, 2007; 72 FR 30460, June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010]