State aiding dairy farmer with PFAS

An area dairy farmer who lost his entire herd from perfluoroalkyl and polyfluoroalkyl substances (PFAS) contamination is getting help from the New Mexico Environment Department.

A news release from Matthew Maez, communications director with NMED, describes what happened to Highland Dairy as PFAS-contaminated groundwater from Cannon Air Force Base migrated offsite and resulted in contamination of thousands of cows at Highland Dairy, a fourth-generation operation which is now closed.

Years of Air Force fire crew training using firefighting foam containing PFAS at Cannon caused the issue not only in the Curry and Roosevelt counties area but also in the Holloman Air Force Base area in Otero County as well as other locations around the country.

The news release stated testing showed the cows and their milk contained PFAS at levels the U.S. Food and Drug Administration deemed unsafe for human consumption. As a result, the owner of the dairy was unable to sell products from the farm and was forced to euthanize the entire herd of 3,665 cows under the direction of the state veterinarian and the New Mexico Livestock Board. The estimated cost of this loss of revenue and increased expenses is $5,946,462, which does not account for upcoming costs associated with the on-farm composting of the animal carcasses and final disposal.

“The Department of Defense poisoned Highland Dairy’s cows and the loss is devastating and heartbreaking,” NMED Cabinet Secretary James Kenney said. “Rather than take responsibility for the PFAS pollution, the Department of Defense put a family farm out of business and has the audacity to continue its litigation against New Mexico.”

Kenney continued by pointing out the clean-up of the contamination is in the hands of state agencies and citizens.  He noted that his department is helping Highland Dairy in managing the cattle carcasses as hazardous substances and seeking input from experts on treatment and disposal options.

“Cannon Air Force Base knows what they have done to the groundwater,” Highland Dairy owner Art Schaap said. “They need to own the pollution.”

An attempt to gain comment on the NMED news release from Cannon's Public Affairs department was unsuccessful by press time.

Cannon previously has referred questions to the Department of Defense, which subsequently referred questions to the EPA.

The National Defense Authorization Act for fiscal year 2022 budgeted $517 million for PFAS cleanup and action.  

The Air Force Civil Engineering Center in March began installing groundwater monitoring wells as a part of the remedial investigation to aid in determining the extent of potential per- and polyfluoroalkyl (PFAS) substances in groundwater from Cannon Air Force Base.

According to a March news release from the Cannon public affairs office, the AFCEC began collecting soil and groundwater samples to identify potential PFAS contamination both on and off the base.

The samples provided the data needed to determine the ideal locations for the installation of groundwater monitoring wells. 

That March news release reported the first groundwater monitoring well was installed on the air base then, with another 12 scheduled for installation throughout the year.  The data collected from monitoring wells will help the AFCEC determine potential future full-scale response efforts.

In addition to the groundwater monitoring wells, an ongoing pilot study initiated by a $16.6 million Department of the Air Force-awarded contract in May 2021, will filter and return water to the aquifer.

NMED is the state agency overseeing Highland Dairy’s plan for disposal of PFAS-contaminated livestock, which is required for the dairy to qualify for cow indemnity under USDA’s dairy indemnity payment plan.

In the first phase of the plan, the dairy will compost all PFAS-contaminated carcasses on the farm property.  In phase two, the dairy will conduct PFAS analysis of the composted material and associated impacted material, such as soil at the compost site, in order to determine final removal and disposal options.

The Highland Dairy removal plan is the first of its kind nationally for addressing PFAS-contaminated cows as a hazardous waste and was developed in consultation with the USDA Farm Service Agency along with other Federal and state agencies.

“I support NMED’s science-based approach to ensure that livestock and other agricultural sectors are safe,” New Mexico Agriculture Cabinet Secretary Jeff Witte said.  “We, unfortunately, already witnessed how PFAS contamination affected a New Mexico dairy.”

In addition to the payment sought by Highland Dairy from USDA, NMED has allocated up to $850,000 of its hazardous waste emergency fund for expenses associated with the proper disposal of PFAS-contaminated hazardous carcasses and associated wastes.

The hazardous waste emergency fund is used for clean-up of hazardous substance incidents and replenished through civil penalties collected under the New Mexico hazardous waste act.

PFAS are a group of man-made chemicals that are used for a wide range of purposes not only in firefighting foam also food packaging, cleaning products, stain resistant carpet treatments, and nonstick cookware among other products since the 1950s. The NMED news release says PFAS are found in the bodies of people and animals all over the world, and in ground and surface water, because of widespread use.