California Code of Regulations
Title 17 - Public Health
Division 3 - Air Resources
Chapter 1 - Air Resources Board
Subchapter 5 - Emission Data, Sampling, and Credentials for Entry
Article 2 - Source Testing
Section 91202 - Additional Testing

(a) Where test results indicate that a source is in compliance with permit conditions or with any State or local law, order, rule or regulation relating to air pollution, the responsible party shall be assessed the applicable fees in Section 91201 only once per each 12-month period. This limitation shall not restrict the State Board from conducting additional testing at its own expense. The Executive Officer may assess fees for multiple testing, or for multiple samples, where the same is necessary to determine compliance.

(b) If the test results indicate that the specific source tested is not in compliance with permit conditions or with any State or local law, order, rule, or regulation relating to air pollution, the Executive Officer may require such additional source tests as may be necessary and may also exclude use of an independent tester for such additional tests. In such event, the responsible party shall pay for each additional test in accordance with the schedule of fees set forth in Section 91201 until compliance is achieved and confirmed.