GE’s argument is belied by the facts as well. GE represented at both the motions hearing and in its brief that EPA achieves a near-perfect record of compliance with UAOs. See Tr. at 5; GE Mem. at 50-51. GE’s expert, Dr. Rouhani, however, suggests that EPA’s record reflects a modest rate of noncompliance. Of the 5,422 PRPs who were issued UAOs between 1982 and 2006 that he examined, there were 189 instances of PRPs not complying — a rate of 3.5 percent. See Rouhani Report at 6.52 & Table 8(a). And of the 1,638 PRPs who have been issued UAOs most recently, there were 75 instances of noncompliance — a rate of 4.6 percent. Id. at Table 8(b). These rates of noncompliance mirror the kind of “acceptable rate of error” tolerated by courts, see Shands v. Tull, 602 F.2d 1156, 1160 (3d Cir.1979) (<HOLDING>), not the “remarkable record” of
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 a 746 percent error rate is unacceptably high holding that a 50 percent error rate would constitute a substantial risk of erroneous deprivation holding that substantial compliance with notice is sufficient holding that a four percent error rate constitutes substantial compliance with a statute