EPA Proposed Rule Response

November 19, 2012

Wayne Elson

Environment Protection Agency

Region 10

1200 Sixth Avenue, Suite 900

Seattle, WA 98101

RE: 40 CFR Part 80; RIN 2060-AR07; 77 FR 700; 77 FR 462; and 77 FR 13009;

Dear Mr. Elson,

My purpose in communicating with you is that my company is seeking advice / help / direction on insuring EPA 

and other government officials and decision makers have the opportunity to consider updated, scientifically 

based information before ruling on proposed rule 77 FR 4620. We can provide accurate and broad based

scientific information concerning the proposed energy crop “Arundo donax”, common name “Giant Reed”.

Our information strongly supports expanding the energy crop list (a new pathway) to include Arundo donax.

Based on the intent expressed in Executive Order 13112 concerning “invasive species”, decision makers 

are directed to “consider” the “good” benefits as weighed against the “potential harm” in

determining if a plant is eligible for use in government funded projects. Many of the negative comments that 

the EPA has received has also mentioned the Executive Order and this “weighing” of “good and bad” prior to

making a final determination.

Our Company has spent over 14 years studying Arundo donax. Equally important, we have spent 14 years 

studying the impact Arundo donax could have on our Nation’s national security, economic, and domestic 

welfare issues as well as the economic welfare of our farmers. In our opinion, these issues are part of the 

broader scope of analysis intended by Executive Order 13112.

In reading the many negative comments and letters submitted to the EPA and other governmental 

departments about the EPA’s action last February to expand the energy crop list to include Arundo donax, we 

see no such “broad” viewpoint and/or analysis even though most of these communications actually mention 

Executive Order 13112.
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EPA Proposed Rule Response

We see a very narrow and one way position supported by a reference to “200 scientists.” Yet, if you remove 

the negative comments and letters that make references to “wetlands”, riparian”, waterways, rivers and 

streams there would be no significant negative opposition at all to the EPA’s expanded action. We believe this 

recognition is extremely vital to an honest and intended effort to meet the mandate of Executive Order 13112. 

These “scientists” have not considered or know of the fact that almost every nursery in the Nation sells an 

ornamental species of Arundo donax, and has been doing so for decades. Yet, this distribution has not 

resulted in any known harm or danger.

Our impression from reading the negative comments and letters that support the negative outlook on Arundo 

donax is that most of these “scientists” seem to think that Arundo donax somehow “escaped” from 

somewhere and made its way to the riparian, wetlands, rivers and streams of where 99% of the “wild” growth 

Arundo donax is located today. However, this is not the case. Arundo donax was actually planted in these 

wetlands, riparian areas, and on the banks of rivers and streams as a soil erosion measure.

The US territories that contain over 99% of the uncontrolled growth of Arundo donax were once owned by 

Spanish / Mexican interests. We believe that in these areas Arundo donax (also known as Spanish Cane and 

Carrizo) were intentionally planted there as soil erosion measure because this was a successful application in 

Spain and later throughout Europe. However, European rivers are mostly deep banked, have swift currents, 

and are seldom without water flow all year round and because of their high banks, seldom if ever flood. These 

features made using Arundo donax as a soil erosion measure safe and practical. Rivers and streams in the 

California and other territories where Arundo was planted are unlike the European rivers. They are very 

shallow in some parts, have low banks, and during part of the hot season become completely void of water 

flow, then during the rainy season because of their low banks, have annual flooding. These ecological 

characteristics made the use of Arundo donax as a soil erosion measure a disaster! 

After these territories / States became part of the United States, the population grew, especially in Southern 

California, “water” became a big issue; water for farming and to quench the thirst of a fast growing population 

base. The Army Corp of Engineers came up with the answer, “let’s widen the river beds to get more flow”. So 

the river banks of many streams and rivers feeding Southern California, starting up as high as Sacramento, 

were bulldozed and widened. At that time, the Army Corp of Engineers knew very little about Arundo donax. 

The combination of widening the waterways and annual flooding are the two major factors that caused the 

uncontrolled growth of Arundo donax in these areas. As watersheds and other agencies began funding the 

“eradication” of Arundo, business entities discovered the lucrative business of bidding on “removal projects” 

even though they did not scientifically know how to remove Arundo without it coming back year after year. 

Bill Tidwell, now a retired Orange County manger developed and successfully employed methods that 

permanently eradicated inappropriate stands without any regrowth. Mr. Tidwell has served a consultant 

for our Company for over 13 years. The eradicators were using safe herbicides immediately after cutting 

down the growth only to see the growth come back. Mr. Tidwell was one of the first people who 

recognized that herbicide should not be used until after a cut stalk gave rise to a new “shoot”. It is at 

this time that the plant is “taking in” its nutrients to continue growing. Applying herbicide at this point 

results in the plant “drawing in” the herbicide down to its roots and permanently killing the plant roots. 

Thanks to Mr. Tidwell’s discovery, 95% of the “invasive” growth in the Orange County has been 

eradicated.

Over the past 14 years our Company has worked with Washington State University, the University of 

Washington, Auburn University, the University of Delaware, North Carolina State University and numerous 
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EPA Proposed Rule Response

scientific laboratories. We invested in planting Arundo plots at Auburn University and at the agricultural 

research center at Prosser, Washington operated by Washington State University. Almost every professor and 

scientist that has become familiar with Arundo donax has declared it to be the “miracle” plant. The plant 

earned this title because of the following attributes:

1. Produces an amazing range of yields reaching up to 60 tons per acre depending upon climate; 

2. Is a perennial plant that need only be planted once in a lifetime;

3. Is very drought resistant;

4. Grows on marginal land rather than compete with food crop farmland; 

5. Sequesters carbon at a rate 15 times greater than Douglas fir trees;

6. Can be irrigated with brackish water; 

7. Arundo donax has phytoremediation qualities with respect to air, water, and soil, like no other plant in 

the world. This could have great positive impact on America’s brownfields and superfund sites.

8. Arundo contains a unique source of sugars and chemicals;

9. Its’ fiber is a perfect alternative to fiber from trees and in most cases is a superior fiber than fiber from 

trees, capable of being used in existing facilities and mills without modification.

10. Arundo is a very strong crop once established and history has shown that it is not disturbed by 

hurricanes and other such foil weather conditions.

11. Arundo could be planted at the low point of America’s farmlands and actually “filter” out the toxins 

from the use of fertilizers thereby preventing further pollution of waterways.

When these attributes of Arundo donax are properly translated in regards to the impact on our Nation’s ability 

to meet the challenges mentioned above, which sum up to national security as these attributes allow us to 

meet the challenge of energy independence as well as the rejuvenation of our Nation’s economic welfare, 

please see a report titled “BIOMASS AS FEEDSTOCK FOR A BIOENERGY AND BIOPRODUCTS INDUSTRY: THE 

TECHNICAL FEASIBILITY OF A BILLION-TON ANNUAL SUPPLY”, a report organized by the USDA and the DOE; 

and when the cause and cure of the wild Arundo growth in California and other territories are fully 

understood, there will be no doubt that Arundo donax is a safe plant and should be on the official energy crop 

list!

Currently we have 14 year old test plots at Auburn University that provide documented evidence that Arundo

by nature is not invasive, as the invasive weeds and plants that have been used in the many comment letters 

such as the references to Arundo being “kudzu like”. This is scientifically incorrect. Arundo does not seed, and 

does not spread like Kudzu. Additionally, by the trained personnel, Arundo can be killed in a short 30 day 

period while it takes up to 10 years to kill Kudzu. 

We have been developing a proposal to the EPA, DOE, DOD, and Homeland security to help fund a project to 

actually remove the 250,000 acres or less acres thereby eliminating all of this concern about Arundo’s 

invasiveness. Complete removal could be achieved within five (5) years. If the estimate of 250,000 acres is 

correct, it is possible that over 5,000,000 tons of biomass could be available and used to jump start several 

green biotech efforts to produce biofuels, clean coal, and several other products which are currently being 

produced utilizing fiber from trees and/or that are in need of feed stocks. We have already identified over 30 

biotech and biomass users who would economically participate with such a removal effort. Additionally the 

concern of the 200 scientists could also be turned into a positive action plan to help with such a removal 

project. It is estimated that Arundo was planted here in the US over several hundred years ago, yet today 

there is only 250,000 thousand acres of unwanted growth. These facts alone should indicate that Arundo is 
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EPA Proposed Rule Response

not in the same category as Kudzu and the other invasive species that are mention in the objection letters 

submitted by the concerned scientists. The removal project could also create approximately 1,000 jobs and 

generate approximately $250 million to help finance such a project.

The statement that eradication of Arundo costs $25,000 per acre is just not correct. Many watersheds 

districts and Counties have been victimized by profit seeking business concerns taking advantage of the lack of 

accurate information and science by these funding agencies. It is also sad that these funding agencies have 

funded the removal of the same areas over and over for years due to the lack of know-how and upon 

occasion, the ill-intent of business concerns winning bid awards. Our Company has been eradicating Arundo 

between a range of $450 - $5,000 per acre depending upon terrain conditions and whether or not machinery 

could be utilized. 

The utilization of Arundo as an energy / biotech feedstock would also be a win win situation for America’s 

farmers and solve many of the ailments surrounding our farming industry. With a payment to farmers of $20 

per ton of growth, America’s farmers could enjoy an income stream of approximately $600 to $800 per acre 

with no annual planting, herbicide, fertilizer, transportation, crop insurance and harvesting costs. Arundo 

plantations do not require rotation. Additionally farmers could use marginal land which may not be capable of 

producing income from other crop use. 

In the 14 years that we have been working with scientists, Universities, and laboratories, we have successfully 

developed “green” and safe solutions for 10 verticals, including biofuel and energy. We have discovered 

companies like Rico Reeds that have planted and properly maintained 50 year old Arundo plantations which 

have not moved or escaped from their original planting boundaries. 

The rest of the world, Europe, India and China, has now discovered the “champion of biomass” as stated by 

the EU, if we allow for “bad” science to halt or handicap the use of this “miracle” plant with such handicaps 

such as un-necessary bonding requirements, America will fall way behind the “8 ball” in regards to carbon 

sequestration, energy independence, and the rejuvenation of America’s industrial and manufacturing 

economies. The Administration’s goal of establishing a “green economy”, reaching energy independence and 

job creation will be severability handicapped with the use of Arundo donax.

We request that you lead us in developing the proper plan and way to share our information with the proper 

decisions makers concerning this vital issue and we remain available to submit evidence of the claims we state 

herein.

Sincerely,

Eulysses B. Lewis, President

TreeFree Biomass Solutions, Inc.