of a complying PRP successfully obtaining reimbursement from the government. EPA has issued 1,705 UAOs to more than 5,400 PRPs since 1982. See Rouhani Report at ¶¶4.3, 6.5.2. If GE were attempting to present an exhaustive list of EPA’s errors in issuing UAOs, this would represent a minuscule error rate. But even if GE is not presenting an exhaustive list of EPA’s errors for all PRPs, the Court can presume that GE has at least thoroughly surveyed all 68 of the UAOs that GE itself has been issued. In the evidence presented, GE has demonstrated that EPA has made only three errors in issuing those 68 UAOs — an error rate of 4.4 percent. Although not insignificant, 4.4 percent is an “acceptable rate of error” for EPA in issuing UAOs under section 106 of CERCLA. See Shands, 602 F.2d at 1160 (<HOLDING>); see also Hum-phries v. County of Los Angeles,
holding that a four percent error rate constitutes substantial compliance with a statute holding that a 746 percent error rate is unacceptably high holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review holding that substantial compliance with notice is sufficient holding that a 50 percent error rate would constitute a substantial risk of erroneous deprivation