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Comment 37 for Verification Procedures, Warranty and In-Use Compliance (verdev2010) - 45 Day.

First NameMark
Last NameFreie
Email Addressmarkfreie@gmail.com
Affiliation
SubjectCARB/Diesel Particulates Regulations/"In Tran We Trust Fraud"
Comment
Board Members of the CARB,

I listened to a very disturbing radio broadcast on the John and
Ken Show, KFI 640, Los Angeles last Friday afternoon. I believe you
should be aware of its content. I have provided you with the link
below. Also, because of the nature of these regulations, and the
concerns I have about the few businesses left in California, I
decided to do a little research myself.

http://media.ccomrcdn.com/media/station_content/616/JK0122105P_1264215272_20292.mp3?CPROG=PCAST&MARKET=LOSANGELES-CA&NG_FORMAT=talk&SITE_ID=616&STATION_ID=KFI-AM&PCAST_AUTHOR=KFI_AM_640&PCAST_CAT=Arts_and_Entertainment&PCAST_TITLE=KFI_AM_640_JOHN_AND_KEN

If the substance of this broadcast is accurate, and the data was
used by Hien Tran as evidence to reinforce the Board's "idea" of
diesel particulate emission premature related deaths, without
reasonable peer review, and if he is, indeed, discovered to be a
fraud (http://staBtic.tbc.zope.net/newsroom/pdfs/aircreds.pdf),
then wouldn't it be reasonable for the Board to take action and
pause the enforcement of this regulation until the evidence is
substantiated?  I hope, as Board members, that you didn't have any
prior information that Tran was a potential fraud before the
regulations were finalized. However if you did, I'm sure you would
have voted to halt the passing of this onerous regulation. After
all, "common-sense" is among your own Board Chairman's most
precious values. Quoting her Bio:  "In her return as Chairman,
Nichols' priorities include moving the state's landmark climate
change program ahead, as well as steering the Board through
numerous efforts to curb diesel pollution at ports, and continuing
to pass regulations aimed at providing cleaner air for Southern
California and the San Joaquin Valley. She values innovation,
partnerships and common-sense approaches to addressing the state's
air issues". http://www.arb.ca.gov/board/bio/chair.htm

Since Tran was the "Lead Author" in what appears to be potentially
tainted aggregated data, and since it was his compilation of that
data the Board trusted, then it would stand to reason for the Board
to exercise a "common-sense" approach, and re-hear the evidence on
which this data was based. Of course, it might be prudent to
conduct an independent review to lay to rest any ambiguities. Dr.
Engstrom at UCLA may be a start. Here is his link 
http://www.scientificintegrityinstitute.org/documents.html. Either
way, I would hate to see the continued annihilation of businesses,
and those they employ, under what seems to be another
"uncommon-sense" interference of a man's ability to make a living,
by forced regulation. If, indeed there is some form of chicanery
going on, you as Board members are involved, and if there is no
action taken, I would be compelled to name this inquiry the "In
Tran We Trust Fraud", or the ITWTF. Of course this is only my
suggestion, and opinion. 

In closing I would like to share one more tidbit of information.
While browsing your website I came across the CARB "Final Statement
of Reasons for Rulemaking, Including Summary of Comments and Agency
Response (http://www.arb.ca.gov/regact/2008/ghghdv08/fsor.pdf.)
While scrolling down the ARB document I came to page 3 - Fiscal
Impacts.  

"The Board has determined that this regulatory action will not
have a significant
statewide adverse economic impact directly affecting businesses,
including the ability of
California businesses to compete with businesses in other states,
or on representative
private persons."

By what basis was this determinations made? 



Sincerely,


-Mark Freie 

Attachment
Original File Name
Date and Time Comment Was Submitted 2010-01-26 09:16:15

If you have any questions or comments please contact Clerk of the Board at (916) 322-5594.


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