TFI: WOTUS Rule Misguided and Premature

Arlington, VA – The Fertilizer Institute (TFI) today expressed disappointment with the Environmental Protection Agency’s (EPA) and the Army Corps of Engineers’ (ACOE) final Waters of the United States (WOTUS) rule, calling it misguided and premature.

“The number one thing industry needs from regulatory bodies is clarity and certainty. The final WOTUS rule provides neither.” said TFI President and CEO Corey Rosenbusch. “Many of our member companies must plan years in advance to obtain all necessary permits in accordance with the Clean Water Act (CWA). We need regulatory certainty and predictability and have a strong interest in ensuring that the definition of WOTUS is clearly defined and consistently implemented across the nation.”

Complicating matters further is a pending U.S. Supreme Court ruling to determine whether Justice Kennedy’s “significant nexus” is the proper test for asserting jurisdiction over wetlands that are adjacent to tributaries of “waters of the U.S.”

“In February we joined a chorus of other organizations and many members of Congress in urging the agencies to delay the rulemaking until after the Supreme Court has issued its ruling,” Rosenbusch explained. “The ruling will likely negate or render irrelevant significant elements of the WOTUS rule and create even more confusion for businesses and landowners throughout the country. It’s going to be regulatory whiplash.”

TFI’s comments from February can be read in full here.

 

###

 

The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at TFI.org and follow us on Twitter at @Fertilizer_Inst. Learn more about TFI’s nutrient stewardship initiatives at nutrientstewardship.org and on Twitter at @4rnutrients.

2023 4R Advocate Awards : Call for Entries

Online submissions are due by November 30th.

 The Fertilizer Institute (TFI) is now accepting nominations for the 2023 4R Advocate awards. This program recognizes farmers and fertilizer retailers for their commitment to sound nutrient stewardship using the 4Rs, or the right fertilizer source, at the right rate, the right time and in the right place. Through these 4R farming practices, farmers improve their return on their nutrient inputs and decrease environmental impact.  

“The 4R Advocate program highlights farmers’ partnerships with their retailers or certified agronomists throughout the year and demonstrates to the fertilizer industry, the agricultural community, and policymakers the real-world benefits the 4Rs deliver on the farm and in communities,” said TFI President and CEO Corey Rosenbusch.

“Farmers often get unfairly blamed for overapplying fertilizers,” continued Rosenbusch. “Our work with 4R Advocates tells a different story as these growers are outperforming farmers around the world. This program is a key component of our research strategy and allows us to continue to challenge the narrative with an expanded portfolio of grower case studies.”

Advocate nominations are due no later than Friday, November 30, 2022. Program rules and entry forms for retailers and industry partners to nominate farmers are available online, as are easy directions for farmers and retailers to document their efforts to apply the 4R Nutrient Stewardship principles and to chart results. Applicants can also read previous winners’ stories at nutrientstewardship.org.   

The 2023 4R Advocate winners will be announced in mid-December. Advocates will be recognized throughout 2023 at TFI meetings and other ag forums. The 2023 Advocates will serve as 4R ambassadors within their businesses and in the wider grower community.

To date, 120 4R Advocates from 24 states, representing nearly one-quarter million acres have been recognized. They grow crops that include apples, alfalfa, cabbage, collard greens, corn, cotton, hops, peanuts, rice, soybeans, strawberries, tomatoes, and more.

The 4R Advocate program aims to raise awareness and adoption of 4R Nutrient Stewardship practices. Fertilizer is a key component of sustainable crop production systems, and the fertilizer industry recognizes the need to efficiently utilize these nutrients. 4R Advocates and other farmers have partnered with The Fertilizer Institute to demonstrate how 4R practices have led to cost-efficiencies and improved environmental outcomes on their fields. More information and data on their efforts is available at 4RFarming.org.

 

 

 

# # #

 

TFI Disappointed in NEPA Regression, Says Permitting Must be Addressed

ARLINGTON, VA – The Fertilizer Institute (TFI) this week reacted to the Council on Environmental Quality’s (CEQ) final rulemaking reversing 2020 National Environmental Policy Act (NEPA) updates, saying the new rule will make the already costly and time-consuming process of obtaining required permitting even more burdensome.

“We have a member company who has already spent over a decade and more than $20 million dollars for a mining project that still has not been approved,” said TFI President and CEO Corey Rosenbusch. “The current fertilizer market has policymakers asking for solutions that will help farmers have an affordable and abundant supply of fertilizer; yet here is a regulation that will do just the opposite. What the administration has done here not only doesn’t help the current market environment, it hurts it.”

A more efficient permitting process is needed to ensure that mining projects critical to the needs of US industry and consumers have a clear path forward towards compliance and approval. Positive steps were made with changes to NEPA in 2020, but those updates have been removed and the permitting process has regressed to the badly ineffective 1978 review process.

“This is not progress, this is regression. It’s more red tape, duplicative regulations, and delays that will cost consumers in the end. We are moving in the wrong direction,” Rosenbusch continued. “Our country has resources, and we should access them responsibly. With this move by CEQ, accessibility and the feasibility of utilizing these minerals is thrown into question and the ones who will pay the price for this shortsighted move are individuals and families already struggling with the rising costs of everyday goods.”

There is bipartisan support in Congress for permitting reform, as evidenced in the Infrastructure Investment and Jobs Act passed in 2021. Current legislation is also aimed squarely at building on that support for broader reform, namely the BUILDER Act.

“TFI strongly supports the BUILDER Act and any other legislative vehicle that can make environmental reviews more efficient, reduce duplicative regulatory burdens, provide clear paths to approvals, and make our country more self-reliant and prosperous,” Rosenbusch concluded. “We also urge the administration to rethink their changes to NEPA and instead pay attention to the broad coalition of stakeholders that have experienced the ineffective process of the previous standard being reinstated by the administration.”  

 

###

The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at TFI.org and follow us on Twitter at @Fertilizer_Inst. Learn more about TFI’s nutrient stewardship initiatives at nutrientstewardship.org and on Twitter at @4rnutrients.

Communicating the 2021 Sustainability in the Fertilizer Industry Report

Each year, The Fertilizer Institute collects data from member companies to track and highlight industry improvement in sustainability performance in key priority areas of workforce safety, energy and the environment, fertilizer use, and industry innovation. The 2021 report was released in February of this year.

However, this data can be of no benefit if we don’t properly communicate. Earlier this month, TFI’s team hosted a webinar walking through the data and providing tools and resources for how members can help TFI tell the industry’s sustainability story. The webinar is available to view by clicking the link below, and we encourage you to contact TFI’s Manager, Communications, Morgaine Mertz-Myers with any questions about sharing the data.

View webinar

TFI Statement on USDA Fertilizer Innovation Initiative

Two out of every five people alive today owe their lives to the use of fertilizer and TFI welcomes initiatives to strengthen domestic fertilizer production including the U.S. Department of Agriculture’s (USDA) $250 million grant program to support the development and production of innovative fertilizers.  

Innovation has been the hallmark of the fertilizer industry. Enhanced efficiency fertilizers and other new technologies play a big role in our ability to feed a growing population efficiently and sustainably. While new products are the focus of today’s announcement, it’s important to recognize the innovative work undertaken by companies in the U.S. market, who have made a strong comeback from the days of high natural gas prices to leverage the shale gas revolution.

We have a more robust U.S. fertilizer industry than we have seen in two decades. By enacting policies that encourage safe, abundant, and affordable supplies of natural gas, which is the chief feedstock for nitrogen production, ensuring that permitting of production plants is streamlined and adding phosphate and potash to the Department of the Interior’s Critical Minerals list, policymakers can also support this vital industry.

The fertilizer industry’s investment in innovation has been longstanding. Most recently, TFI partnered with USDA, the Environmental Protection Agency (EPA) and other key stakeholders on the Next Gen Fertilizer Challenges. Collectively, the challenges aim to accelerate the development of innovative fertilizer product technologies and to increase the use of existing enhanced efficiency fertilizers (EEFS) that maintain or increase crop yields and reduce environmental impacts to air, land, and water.

Additionally, we look forward to providing USDA with data for its RFI.  Fertilizer is resource dependent, capital intensive, and requires high-skilled labor and expertise to safely produce, handle, transport, and store. Ninety percent of all fertilizer in the world is used outside the United States, which means that globally supply and demand dynamics are critical factors in the price and availability of fertilizers. Still, when compared to peer sectors around the world, the U.S. fertilizer industry is among the most competitive and environmentally advanced. 

 

New Data from the Fertilizer Industry Highlights Sustainability Improvements

Arlington, Va., March 7, 2022 – The Fertilizer Institute (TFI) today released new data highlighting industry improvement in sustainability performance in key priority areas of workforce safety, energy and the environment, fertilizer use, and industry innovation.

“The 104,000 employees of the fertilizer industry work each day to produce and supply fertilizer to farmers in an effort to feed the world,” said Corey Rosenbusch, TFI president and CEO. “Each step of the supply chain is focused on doing more with fewer resources and the impact on communities and the environment. The data in this report highlights the achievements we’ve made in worker safety and energy and environmental metrics.”

TFI has collected data since 2013 on metrics that provide insight into the industry’s efforts to improve safety, security, sustainability, environmental stewardship, and efficiency. The data announced today was gathered in 2021 and reflects industry operations in 2020.

Report highlights include:

  • In 2020, the industry captured 31 percent of all CO2 generated per ton of nutrient produced. These greenhouse gases are not emitted into the atmosphere and are used for other industrial uses.
  • To reduce the industry’s energy footprint, 40 percent of all energy consumed is generated using waste heat rather than pulling from the electrical grid.
  • Nitrogen producers are using 54 percent less water to produce one ton of fertilizer than they did in 2013.
  • The fertilizer industry is more than twice as safe as industry peers when compared to the industry benchmark data from the Department of Labor.
  • The industry’s performance on the lost time incident rate is the lowest it’s been since data collection began in 2013.

The data includes metrics on segments of the fertilizer industry from fertilizer use on the farm, worker safety, energy and environment, and industry innovation. To learn more about this year’s report, visit tfi.org/sustainability.

#

The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers, and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at TFI.org.

Statement on Russia-Ukraine Conflict

TFI is concerned about the destabilizing situation occurring in the Ukraine. Our main concern is the safety of all the citizens in harm’s way.

Currently, it is unclear the exact magnitude and how the Russia-Ukraine conflict will affect the already-tight global market for fertilizer, but it will add additional pressure on a market that has already experienced many challenges over the last 18 months.

It has been implied that fertilizer companies may take advantage of the current situation, but that is far from the truth. The U.S. fertilizer industry is committed to serving farmers and makes it unequivocally clear that ensuring grower access to the nutrients needed to sustain people around the world is of the highest priority.

Because 90% of all fertilizer used is consumed outside the United States, the actions of Russia will impact the global market for fertilizer around the world. Russia is the second largest producer of ammonia, urea, and potash and the fifth largest producer of processed phosphates. In terms of their share of the global export market, Russia accounts for 23% of ammonia, 14% of urea, and 21% of potash, as well as 10% of processed phosphate exports. The conflict in the Ukraine will also put additional stress and uncertainty on energy markets. Russia supplies approximately one-third of Europe’s natural gas, the main feedstock to produce nitrogen fertilizers.

Because of Russia’s large fertilizer production and its role as a global fertilizer supplier, the removal of Russian product from the global marketplace will have an impact on supply. Despite the benefits afforded by a robust U.S.-based fertilizer industry, prices for our products are driven by global supply and demand factors. There have been reports of misleading information regarding the applicability of U.S. sanctions to companies in the industry, and TFI strongly encourages companies to consult legal counsel for advice on sanctions-related issues at question.

 

TFI Submits Comments on WOTUS, Urges Delay Until Pivotal SCOTUS Ruling

ARLINGTON, VA – The Fertilizer Institute (TFI) this week submitted comments to the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers regarding a proposed revised definition of “Waters of the United States” (WOTUS).

“TFI members have a strong interest in ensuring that the definition of WOTUS, which governs the reach of federal regulatory authority under the CWA, is clearly defined and consistently implemented across the nation,” said TFI President & CEO Corey Rosenbusch. “Many of our member companies must plan years in advance to obtain all necessary permits in accordance with the Act. Their operations therefore depend on regulatory certainty and predictability.”

TFI strongly supported the Navigable Waters Protection Rule (NWPR) because of the certainty and predictability it provided to the fertilizer industry but was disappointed by the agencies’ decision to stop implementing the rule nationwide following a ruling by a judge in Arizona. Equally disappointing to the fertilizer industry was the agencies’ decision to propose a formal repeal of the NWPR and codify a case-by-case framework for determining jurisdiction of non-navigable waters that the agencies and nearly all other stakeholders previously agreed was unworkable.

Complicating matters further is a pending U.S. Supreme Court ruling to determine whether Justice Kennedy’s “significant nexus” is the proper test for asserting jurisdiction over wetlands that are adjacent to tributaries of “waters of the U.S.”

“The agencies should postpone all rulemaking proceedings until after an opinion has been issued on this case to reduce duplicated efforts on behalf of the agencies and stakeholder communities, reduce regulatory whiplash, and increase the chances of a final definition being sustainable,” Rosenbusch continued.

TFI is not alone in requesting a delay in agency rulemaking on WOTUS until the Supreme Court has issued their ruling. A letter led by Senator John Thune (R-SD) urging the EPA and USACE to stop the rulemaking process until a Supreme Court ruling garnered the signature of all fifty republican Senators and was sent to agency heads on Thursday, February 3rd.

“TFI recommends the agencies withdraw the Proposed Rule because it impermissibly strips the term “navigation” of any meaning. The NWPR’s definition should be used as the foundation for a durable definition,” Rosenbusch concluded. “And if the Proposed Rule is not withdrawn, at a minimum they should pause the current rulemaking effort until the Supreme Court rules on which test is most appropriate for determining the definition.”

TFI’s full comments can be found here.

 

###

 

The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at TFI.org and follow us on Twitter at @Fertilizer_Inst. Learn more about TFI’s nutrient stewardship initiatives at nutrientstewardship.org and on Twitter at @4rnutrients.

Statement on North Carolina Fire

Our thoughts and prayers are with the citizens and first responders of Winston-Salem, North Carolina.

The fertilizer industry is committed to the safe handling of all fertilizer products and supports retailers of all sizes with handling and regulatory compliance resources through ResponsibleAg. ResponsibleAg is an industry-led initiative committed to helping agribusinesses properly store and handle farm input supplies. The program helps retailers ensure they are compliant with environmental, health, safety and security regulations to keep employees, customers and our communities safe. Since its founding in 2014, ResponsibleAg has audited more than 4,300 retail fertilizer facilities.

Resources:

 

TFI to House Ag Committee: Fertilizer is a Global Commodity Critical to Our Nation’s Food Supply Chain

ARLINGTON, VA – In testimony submitted to the House Agriculture Committee on Wednesday, The Fertilizer Institute (TFI) President & CEO Corey Rosenbusch highlighted the global nature of the fertilizer market and its critical role in feeding the world’s growing population.

“First of all, the fertilizer industry ensures that farmers receive the nutrients they need to enrich the soil and, in turn, grow the crops that feed our nation and the world,” Rosenbusch said. “Without fertilizer, we would have to make do with half of our current food supply.”

Pivoting to the subject of the committee hearing, “The Immediate Challenges to Our Nation’s Food Supply Chain,” Rosenbusch continued that fertilizer markets and related supply chain challenges must be considered within a global context, as demand for fertilizer is global in nature and fertilizers are used by farmers in nearly every country in the world.

“Fertilizers are truly global commodities, as these materials are transported from the limited number of countries which produce them to the global market which requires them,” Rosenbusch explained. “Nearly 44% of all fertilizers produced globally are exported. Moving this material from production facilities to farms requires virtually every mode of transportation and a carefully orchestrated system of logistics to serve farmers on a just-in-time basis.”

Prices have been rising for nearly all goods and services over the past 18-20 months, including fertilizer. “A variety of factors impact fertilizer markets, and most recently, are negatively impacting supply and raising costs,” Rosenbusch said. “Current factors that have most influenced the current fertilizer market are global demand for fertilizer, disruptive weather events, deferred facility maintenance due to the COVID-19 pandemic, international trade sanctions and actions, increasing transportation costs, and the rising cost of natural gas.”

Domestically, the February winter ice storms and Hurricane Ida disrupted production in an area responsible for 60% of domestic ammonia production. Further eroding the ability of domestic manufacturers to recover from weather-related lost production was the deferral of necessary maintenance to multi-billion-dollar facilities. This maintenance was delayed to reduce potential exposure to COVID from additional personnel on site and will be ongoing through 2022, resulting in facility closures of 2-6 weeks.

International events have also affected fertilizer supply. “While the U.S. imports 86% of potash fertilizer from Canada and only 5% from Belarus, Belarus is a large supplier of potash and accounts for 21% of global production,” Rosenbusch said. “The sanctions on Belarus have had an impact on the global supply-demand balance and the price of fertilizer. Additionally, China has recently banned phosphate fertilizer exports and instituted tighter export controls on other fertilizer materials, including urea, further tightening the global nitrogen market.”

Rising energy costs affect the cost of fertilizer production, namely the key input of natural gas which accounts for 70-90% of the production cost of ammonia. “The U.S. has enjoyed low natural gas prices in recent years, but in the past six months domestic natural gas prices have increased by 224%,” explained Rosenbusch. “Natural gas prices in Europe are currently four times higher than in the U.S. and have forced facilities there to reduce output or idle plants, leading to lower availability and higher prices for farmers.”

Transportation costs have also risen dramatically, especially for certain types of fertilizer. “Rail rates for shipping anhydrous ammonia, the building block of all nitrogen fertilizers and one of the most efficient sources of nitrogen for farmers, have increased by 206% over the past twenty years,” said Rosenbusch. “That increase is more than triple the average increase for all other commodities combined.” Large cost-saving initiatives and questionable authority delegation to the rail industry, coupled with the fact that more than half of all fertilizer tonnage moves by rail, have raised shipping costs for fertilizer by millions of dollars.

“Many in the agricultural sector have experienced challenges related to crop inputs and fertilizer has not been spared,” Rosenbusch concluded. “We are proud of the industry’s efforts to ensure supply while dealing with changing global dynamics so that farmers in the U.S. and abroad are able to grow the food, fuel and fiber our growing world needs.”  

TFI’s full submitted testimony can be read by clicking here.

 

###

The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at TFI.org and follow us on Twitter at @Fertilizer_Inst. Learn more about TFI’s nutrient stewardship initiatives at nutrientstewardship.org and on Twitter at @4rnutrients.