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 § 63.1423
Scoping language
The following terms used in this subpart shall have the meaning given them in subparts A ( 63.2), F ( 63.101), G ( 63.111), and H ( 63.161) as specified after each term: