Enforceable as a practical matter

Enforceable as a practical matter means that an emission limitation or other standard is both legally and practicably enforceable as follows:
(1) An emission limitation or other standard is legally enforceable if the reviewing authority has the right to enforce it.
(2) Practical enforceability for an emission limitation or for other standards (design standards, equipment standards, work practices, operational standards, pollution prevention techniques) in a permit for a source is achieved if the permit's provisions specify:
(i) A limitation or standard and the emissions units or activities at the source subject to the limitation or standard;
(ii) The time period for the limitation or standard (e.g., hourly, daily, monthly and/or annual limits such as rolling annual limits) and
(iii) The method to determine compliance, including appropriate monitoring, recordkeeping, reporting and testing.
(3) For rules and general permits that apply to categories of sources, practical enforceability additionally requires that the provisions:
(i) Identify the types or categories of sources that are covered by the rule or general permit;
(ii) Where coverage is optional, provide for notice to the reviewing authority of the source's election to be covered by the rule or general permit and
(iii) Specify the enforcement consequences relevant to the rule or general permit.


40 CFR § 49.167

Scoping language

For the purposes of this program, the definitions in part 51, Appendix S, paragraph II.A of this chapter apply, unless otherwise stated. The following definitions also apply to this program:

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