Summary	of	Interagency	Working	Comments	on	Draft	Language	under	

EO12866	Interagency	Review.		Subject	to	Further	Policy	Review.

Interagency Comments on U.S. Environmental Protection Agency’s Draft Final Rulemaking “Regulation 

of Fuels and Fuel Additives: Additional Qualifying Renewable Fuel Pathways under the Renewable 

Fuel Standard Program; Final Rule Approving Renewable Fuel Pathways for Giant Reed (Arundo 

Donax) and Napier Grass (Pennisetum Purpureum),” RIN 2060-AR85

1) Page 23 and p.27 – Please add text in red, as we think it further clarifies the example.

a) For example, an RMP may not be needed where the growing area is an area or region outside 

the United States, where giant reed or napier grass is a native plant and growing it as a 

feedstock will not lead to any additional spread of the plant.

2) This comment is related to which adjacent land managers will need to be notified if there is an 

escape. The commenter suggests requiring notification to adjacent federal land management 

agencies. One way to do this would be to include reference to the agencies identified in the 

communications plan under (5) of the rule text on page 54. This would require to EPA, USDA and 

other land management agencies to be notified. Also suggest striking APHIS as USDA is unsure 

which bureau(s) will be involved – APHIS, NRCS or the Farm Service Agency (FSA). While APHIS is 

the logical bureau in the case below, perhaps the reference should be to “USDA” rather than a 

specific bureau. 

a) Page 33: The reporting requirements include a requirement that the producer notify EPA and 

USDA and relevant agencies identified in the communications plan as soon as practicable after 

detection of unintended growth outside the planted area, as well as the appropriate federal 

land managing agencies, if the spread could affect federal lands.

b) Page 54 add text in red: (5) A communication plan for notifying EPA’s Office of Transportation 

and Air Quality, USDA’s Animal and Plant Health Inspection Service, adjacent federal land 

management agencies and state, tribal, regional, and local authorities as soon as possible after 

identification of the issue if the feedstock is detected outside planted area.

3) Page 39 – Please correct the EO reference number by removing the 8 from the end of EO 121128 in 

section K. Executive Order 13112: Invasive Species

Executive Order (EO) 131128 (64 FR 6183 (Feb. 3, 1999)) calls for each Federal agency

4) This comment may be resolved by changing ‘feedstock grower to ‘fuel producer” as the fuel 

producer will be responsible for all of the compliance actions. 

a) Page 54 - The regulatory text says the letter is from the feedstock grower, but EPA’s response 

below says that the renewable fuel producer is responsible for getting the letter. This seems 

like a discrepancy. [Is the intent that the feedstock grower must get a letter from USDA and give 

it to the fuel producer? And that the fuel producer must submit the letter in the registration 

package? If so, it would be helpful if EPA could further clarify.]

i) EPA’s Previous Response: Yes, this is accurate. The renewable fuel producer is responsible 

for getting the letter from USDA, but they are also responsible for including a copy of the 

letter as part of their registration package, so EPA will have a copy. “Bases” is the plural of 

“basis”. It could be either. We used “bases” because we assume USDA might have more 

than one thing to say in support of its conclusions. 
Summary	of	Interagency	Working	Comments	on	Draft	Language	under	

EO12866	Interagency	Review.		Subject	to	Further	Policy	Review.

5) Suggest adding to the preamble the text in red to mirror the sister text in the rule language that is 

highlighted in yellow. This suggestion makes no suggested changes to the rule text, just requests 

the preamble to reflect the changes to the rule text. 

a) Page 32 of the premable: EPA will require information on the financial resource or mechanism 

available to finance reasonable to remediate activities, and may require EPA may, where 

appropriate, require the fuel producer to include in a Risk Mitigation Plan a demonstration that 

there is an adequate mechanism (such as a state-administered fund, bond, or certificate of 

deposit) to ensure the availability of financial resources sufficient to cover reasonable potential 

remediation costs associated with the spread of giant reed or napier grass beyond the intended 

planting areas.

b) From existing rule text: 80.1450(b)(1)(x)(A) ...the renewable fuel producer or foreign ethanol 

producer shall also provide all the following:...

From page 55 of rule text: (8) Information on the financial resources or other financial 

mechanism (such as a state-administered fund, bond, or certificate of deposit) that 

would be available to finance reasonable remediation activities associated with the 

potential spread of giant reed or napier grass beyond the intended planting areas, and 

information on whether it is necessary to have any further such resources or 

mechanism. EPA may require additional information, including but not limited to a 

demonstration that there is an adequate financial mechanism (such as a stateadministered fund, bond, or certificate of deposit) to ensure the availability of financial 

resources sufficient to cover reasonable potential remediation costs associated with the 

spread of giant reed or napier grass beyond the intended planting areas.