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 § 60.5250

---

Scoping language

Terms used but not defined in this subpart are defined in the Clean Air Act and 60.2.

---

Is this correct? or