APHIS Factsheet

Biotechnology Regulatory Services February 2013

Questions and 

Answers:

APHIS’ Notice of 

Intent to Prepare 

an Environmental 

Impact Statement 

for Freeze Tolerant 

Eucalyptus Lines

APHIS received a petition from ArborGen Inc., 

seeking a determination of nonregulated status for 

Eucalyptus lines designated 427 and 435, which 

have been genetically engineered (GE) to be more 

tolerant of cold conditions. We are making available 

for public comment the ArborGen Inc. petition and are 

soliciting comments on whether these GE eucalyptus 

lines are likely to pose a plant pest risk. In addition, 

APHIS has issued a notice of intent to prepare an 

Environmental Impact Statement (EIS) in support of 

the Agency’s decision-making regarding the petition 

for nonregulated status. 

Q: What is the benefi t of adding a Freeze Tolerant 

GE trait?

A: Eucalyptus is often a preferred hardwood for 

pulp and paper production as well as for biofuels. It 

is one of the fastest growing hardwood trees in the 

world. The acreage where it can be planted in the 

southeast is signifi cantly limited by cold temperatures. 

Expanding the range of where it can be grown will 

allow producers to use a preferred, very fast growing 

hardwood. 

Q: What does Notice of Intent (NOI) mean?

A: In accordance with the National Environmental 

Policy Act (NEPA), the NOI is published in the 

Federal Register by APHIS and announces APHIS’ 

intention to produce an EIS and the initiation of the 

EIS process. With publication of the NOI, a 60-day 

public comment period begins. During this period, 

APHIS will receive comments that the Agency will 

then consider in the development of a draft EIS. 

A second public comment period will follow the 

publication of the draft EIS and those comments will 

be considered in the development by APHIS of a fi nal 

EIS. Following publication of the fi nal EIS, APHIS will 

issue a record of decision for the EIS and announce 

the Agency’s determination regarding the petition for 

nonregulated status. 

Q: Why is APHIS preparing an EIS?

A: The cultivation of freeze tolerant eucalyptus (FTE) 

may potentially impact a wide scope of environmental 

values, including alteration in susceptibility of 

FTE to disease or insects, alteration in weediness 

characteristics, potential impacts on soil hydrology 

and water resources, potential impacts on fi re 

incidence, ecology, forestry practices or land use, 

and potential direct or indirect effects on human 

health, wildlife and their habitats. Preparation of an 

EIS will enable APHIS to evaluate these and other 

issues related to the Agency’s decision-making 

regarding the petition for nonregulated status. APHIS 

has limited knowledge and data for unrestricted 

planting of FTE throughout the United States (as 

opposed to limited planting under permit). These 

changes in scope from limited permits to unrestricted 

planting will be addressed with an expanded analysis 

of the potential environmental impacts of the largescale FTE planting. 

Q: Will APHIS prepare any other assessment of 

the GE eucalyptus tree in addition to the EIS?

A: Yes. Under the Plant Protection Act, the law that 

gives USDA authority to protect plant health in the 

United States, as well as APHIS’ regulations, when 

responding to a petition for a determination of nonregulated status, the Agency is specifi cally required 

to evaluate if the GE eucalyptus tree is a plant pest 

to agricultural crops or other plants or plant products. 

The Act defi nes a plant pest as living organisms, such 

as bacteria, fungi, or insects that can cause harm to 

agricultural crops or other plants or plant products. In 

accordance with this Act, APHIS will evaluate potential plant pest risk associated with the GE eucalyptus 

tree in a plant pest risk assessment.

Q: How will preparing an EIS assist APHIS in its 

decision-making regarding the petition of nonregulated status? 

A: An EIS is helpful in informing APHIS regarding any potential environmental impacts before the 

Agency makes its regulatory determination under the 
Plant Protection Act. Through an EIS, APHIS can 

consider regulatory alternatives and their potential 

environmental impacts, as well as other potential 

impacts to public health and endangered species. 

However, in regards to any potential environmental 

impacts evaluated in the EIS, NEPA does not provide 

APHIS any additional regulatory authority to address 

those impacts beyond what the Plant Protection Act 

provides.

Q: What alternatives will APHIS consider when 

conducting the EIS?

A: APHIS is requesting comment to further delineate 

reasonable and appropriate alternatives. APHIS will 

consider at least two alternatives, a “no action” and 

an “approve the petition request” alternative. Under 

the “no action” alternative, the two FTE lines would 

continue to be regulated and permits and notifi cations 

acknowledged by APHIS would be required for the 

environmental release and interstate movement of the 

FTE trees. Under the “approve the petition request” 

alternative, the FTE trees would no longer be regulated 

by APHIS. 

Q: Has APHIS prepared previous assessments for 

this GE eucalyptus tree? 

A: Yes. APHIS has conducted three separate environmental assessments on actions related to permitting 

confi ned fi eld releases of the GE eucalyptus tree. As 

one example, while the GE tree has been grown outdoors under APHIS regulation, the developer requested 

that APHIS allow the tree on the fi eld test site to fl ower. 

Before allowing this to happen, APHIS evaluated any 

potential risk of spread of the GE tree pollen to other 

susceptible trees. The Agency found a low likelihood 

of this happening and approved this request. In each 

case, APHIS announced the availability of the environmental assessment in the Federal Register and 

received and carefully considered public comments. 

These notices were published on April 20, 2007, 

June 3, 2009, and February 10, 2012. In each case, 

APHIS concluded that the GE eucalyptus trees would 

not pose a plant pest risk and that issuing permits for 

the fi eld releases would not signifi cantly affect the 

quality of the human environment. 

Q: As APHIS begins its assessments, will the 

Agency convene public meetings to receive 

comments? 

A: Yes. APHIS will be hosting two virtual, online 

meetings during the comment period in order to further delineate the scope of alternatives and environmental impacts to be analyzed in the EIS. APHIS will 

announce the dates and times of these meetings and 

how to participate at http://aphisvirtualmeetings.com.

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