By: Abby Lehman
In February of 2022, Chicago Department of Public Health denied a permit for the proposed RMG-owned Southside Recycling scrap metal facility that was to be sited in Little Village, a majority Latino community on the Southeast side of Chicago.[1] The denial of this environmental permit is a success story of a community advocating for their health and well-being. Yet this success makes up just one chapter of a never-ending story that often ends in a different way – a story of polluting facilities disproportionately sited in Black and Brown neighborhoods.[2]
Little Village is a neighborhood comprised of 96% people of color (82% Hispanic) and 64% of the population is low income.[3] There are currently three hazardous waste treatment, storage, and disposal facilities in the neighborhood, leading to public health issues plaguing the community.3 Compared to the rest of the United States, the area ranks in the 95-100th percentile on the Air Toxics Respiratory Health Index and in the 95-100th percentile for concentration of diesel particulate matter. 3 The area also ranks in the 89th percentile for particulate matter concentration and ranks in the 80th-90th percentile for cancer risk from air toxins.3
Additionally, a scrap metal facility has the potential to generate particulate matter emissions of various sizes.[4] Particulate matter contributes to approximately 800,000 premature deaths each year. 4 Long term exposure to particulate matter can lead to a significantly rate of cardiovascular incidents, decreased lung capacity, more frequent hospital visits, and a higher mortality rate.4 Even exposure to particulate matter in the short term can slightly increase one’s risk of a cardiovascular incident within days of an increase in particulate matter pollution.4
The first permit RMG sought approval for was solely begin to moving its equipment to Little Village, but nonetheless, it signaled the first step in moving an environmental hazard into this disproportionately burdened community.[5] Department of Public Health Commissioner earlier promised that all documents related to RMG’s permitting process would be posted online and would notify Little Village neighbors when RMG applied for its permit to move its equipment from Lincoln Park to Little Village.5 However, the city waited 2 weeks to post public notice of the permit approval.5 Susan Sadlowski, the alderwoman representing Little Village, was notified about the permit just two days before the city’s quiet approval.5 The city called this a “missed opportunity” and promised to be more transparent about timely notifying the community.5
RMG cleared another permitting hurdle when the Illinois Environmental Protection Agency (IEPA) approved permits for RMG’s move to Little Village.[6] IEPA failed to respond to concerns raised by activists, community members, alderpersons and U.S. Senators.6 Further, IEPA did not consider RMG’s past violations during the permit review process, despite Illinois state law specifically providing for the ability to do so.[7] The last permit left to approve for RMG then rested with the city. RMG needed permit approval for from the Department of Public Health for a Class IVB Facility, which authorizes the manual dismantling, shredding, crushing, compacting or packing of recyclable materials.[8]
In opposition to the permit, the community formed the Stop General Iron campaign. Stop General Iron turned to the internet and social media to spread the word about participation in virtual public hearings.[9] Community members attending the hearing were disappointed about the timing of the permit application release to the public.[10] The Public Health Commissioner has the duty, under the Chicago Municipal Code, to hold a public hearing on a potential adoption of a facility that poses an environmental risk.[11] The code states that to provide adequate notice, the time and place of the hearing must be posted on Public Health Department’s website, and notice must be given no less than 10 days before the hearing.11 One community group specifically complained about the bare minimum notice requirement that was met by the city.10 They argued that due to the complexity of the permit application, the community should have been given advanced notice in order to launch a more scientifically technical opposition to the permit.10 While the Department of Public Health complied with the municipal code here, they made sure to give as little time as possible for the community to gather their thoughts on the RMG permit.
Additionally, some community members took part in a nearly month-long hunger strike to highlight the environmental racism that was occurring in Little Village.[12] Community organizations came together, vocalizing their frustrations with the city ignoring their pleas to stop RMG from relocating to their area. 12 Some participated fully in the strike, while some community members contributed in other ways, helping as medics, photographers, or temporary participants to show their support.12 In the end, the hunger strike pressured the city to delay approval of the permit and called massive attention to the opposition to RMG’s relocation.
This delay, coupled with the opposition garnered by the Little Village community, was enough time to call this environmental justice issue to the attention of President Biden’s EPA administrator, Michael Regan. Regan contacted Lightfoot through a letter, discussing the significant civil rights and environmental justice concerns that would come with placing another polluting facility on the Southeast side of the city.[13] He stated that prior to reaching a decision on the permit, the EPA suggested that the city complete an environmental justice analysis, such as conducting a Health Impact Assessment, to meaningfully consider the aggregate potential health effects of the proposed RMG facility on the Little Village area.13
The City of Chicago prided itself in agreeing to conduct a Health Impact Assessment as suggested by Regan, despite their previous, repeated ignorance to the environmental justice issues in Little Village, as suggested by the letter.13The assessment revealed that the Southeast side of Chicago includes areas that are made more vulnerable to pollution than other areas of Chicago overall due to the underlying health conditions and social factors which stem from both institutional inequities and systemic racism.[14] Further, the assessment declared that current pollution levels may currently be causing negative health effects for sensitive populations and the extent of the potential negative impacts on public health, the environment, and community quality of life cannot be adequately addressed through mitigation efforts.14 Additionally, the assessment expressed concerns about RMG’s problematic past compliance history, which was overlooked by the IEPA, and was not convinced that RMG would abide by strict compliance measures, were they to be implemented.14 The city followed the recommendation set forth by the assessment and denied the permit on February 18th, 2022.14
Regan’s call for a health impact assessment was crucial for Little Village’s fight against RMG and affirmation of the City of Chicago’s problem with environmental racism. However, without the community putting up a fight, RMG would have had little to no problems with their permit approval, given the State’s willingness overlook RMG’s poor compliance record and the city’s history of being covert with permitting decisions.[15] Little Village’s fight against RMG exemplifies how community opposition can have a true, meaningful impact on public health and the environment. Their refusal to allow yet another polluting facility in their neighborhood is an inspiring fight against environmental racism and deliberately complex permitting procedures, and an example of how a little help at the right time can push a movement to achieve its goals.
[1] https://www.nbcnews.com/news/us-news/chicago-denies-permit-scrapyard-heart-environmental-injustice-battle-rcna16182.
[2] https://iopscience.iop.org/article/10.1088/1748-9326/10/12/125011/pdf.
[3] https://ejscreen.epa.gov/mapper/ejscreen_SOE.aspx.
[4] Johnathan O. Anderson et al., Clearing the Air: A Review of the Effects of Particulate Matter Air Pollution on Human Health, J. Med. Toxicol., 166 (2021).
[5] https://blockclubchicago.org/2020/10/05/city-health-officials-say-they-missed-opportunity-to-notify-public-of-new-permit-for-general-iron-owner/.
[6] https://blockclubchicago.org/2020/06/25/state-environment-regulators-approve-general-irons-move-to-east-side/.
[7] 145 ILCS 5/39 (West 2021).
[8] Chicago, Ill., Code § 11-4-2520 (1990).
[9] https://www.facebook.com/StopGeneralIron.
[10] https://freespiritmedia.org/features-search/2021/1/12/deadline-for-comments-on-rmg-relocation-approaches.
[11] Chicago, Ill., Code § 2-112-070 (1990).
[12] https://southsideweekly.com/stories-and-lessons-from-inside-the-general-iron-hunger-strike/.
[13] Letter from Michael Regan, U.S. Env’t Prot. Agency, to Lori E. Lightfoot, Mayor of Chicago (May 7, 2021).
[14] Chicago Dep’t of Public Health, Health Impact Assessment: RMG Southside Recycling Permit Application (Feb. 2022).
[15] https://blockclubchicago.org/2021/05/07/city-delays-permit-for-southeast-side-metal-scrapper-after-epa-says-another-polluter-raises-significant-civil-rights-concerns/