Affirmative defense

Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.

Source

40 CFR § 63.11502

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Scoping language

The following terms used in this subpart have the meaning given them in the CAA, 63.2, subpart SS ( 63.981), subpart WW ( 63.1061), 40 CFR 60.111b, subpart F ( 63.101), subpart G ( 63.111), subpart FFFF ( 63.2550), as specified after each term:

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