May 2016 - Parks & Recreation - 35

indeed disclosed " the presence of carbon black in SBR infill. " Further, the EIR had " acknowledged that laboratory
research 'indicates that there can be health risks associated with the inhalation of these particles.' " The final EIR
also included " multiple examples of public comments
addressing the fact that SBR infill includes carbon black
and that carbon black is a known carcinogen. " The EIR
further noted that studies referenced in the public comments described " laboratory research or evaluate risks in
the workplace environment which would be enclosed, and
would result in more intense exposure to nanoparticles. "
However, in an outdoor environment, the EIR found the
wind would disperse any nanoparticles generated. As a
result, the EIR concluded " exposures to nanoparticles as
a result of play on synthetic turf fields that use SBR infill
would be minimal, if any at all. "
In response, Sierra claimed the EIR was inadequate because the EIR's " wind dispersion hypothesis " is a " conclusory analysis without any citation to scientific evidence. "
The court, however, found the EIR had discussed studies,
which found " play on synthetic turf fields resulted in negligible generation of nanoparticles. " Moreover, the appeals
court found the EIR had discussed three separate studies
that noted " how air samples taken from above indoor synthetic turf fields contained higher concentrations of potentially hazardous chemicals when compared to outdoor
fields. " In the opinion of the court, these studies reviewed
in the EIR supported the city's conclusion that " carbon
black did not present a significant cancer risk when present
in outdoor synthetic fields using SBR infill. "
On appeal, the court also considered whether the EIR
had adequately addressed the existence of another carcinogenic chemical in SBR, benzo(a)pyrene (BaP), a polycyclic
aromatic hydrocarbon (PAH). In so doing, the court cited
a 2007 OEHAA study indicating that the increased cancer
risk posed by ingestion of PAH in SBR through surface-tohand-to-mouth contact was 2.9 in a million. As described
by the court, this particular study had concluded that the
slightly increased risk posed by PAH in SBR was considered acceptable due to the small magnitude of increased
cancer compared to the overall cancer rate. Moreover, the
court noted that this specific finding about the cancer risk
associated with PAH in SBR was also discussed in the EIR.
Outdoor vs. Indoor Risk
Similarly, the court found a 2009 OEHHA study had calculated the increased lifetime cancer risk posed by inhalation of air above indoor synthetic fields. This particular

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Parks & Recreation

May 2016 - Parks & Recreation

Table of Contents for the Digital Edition of May 2016 - Parks & Recreation