General requirements (i.e., regulations, general permits, and licenses) will be most effective if they closely reflect the practical realities of compliance and enforcement. For example, if they:
- Are sufficiently clear and understandable to be the basis of criminal prosecution (which is usually regarded as the most serious enforcement action), or other enforcement action. Clarity is important for all enforcement actions, and particularly for criminal prosecutions.
- Articulates the underlying legal (e.g., statutory) authority.
- Precisely define which sources, activities, and substances are subject to requirements.
- Precisely define the requirements and any exceptions or variances in these requirements, including the means for determining whether a particular facility or activity is exempt.
- Define the exceptions or variances sufficiently narrowly so that they do not undermine the regulatory regime.
- Specify when a malfunction or change in local conditions may justify an exemption, the requirements that apply in those circumstances, and who makes the determination.
- Consistently use the same terms.
- Clearly address how compliance is to be determined by specifying test methods and procedures.
- Clearly state deadlines for compliance.
- Are flexible enough to be constructively adapted through individual permits, licenses, or variances to different regulatory circumstances.
- Are based on technology (e.g. control or monitoring equipment) and methodologies that are or soon will be available, reliable, and affordable.