Full opinion text
ORDER MOLLOY, Chief Judge. The United States brought this action against Defendants W.R. Grace & Go-Conn. (“Grace-Conn.”) and Kootenai Development Corporation (“KDC”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERC-LA”), 42 U.S.C. § 9601 et seq. to recover costs the United States has incurred responding to releases or threats of releases of asbestos in and around Libby, Montana. A bench trial was held January 6-8, 2003. Following the trial, the Court ordered the parties to submit proposed findings of fact and conclusions of law with citations to the record before the court. After the parties submitted their proposed findings and conclusions, the Court heard closing arguments on April 25, 2003. After considering the evidence and testimony submitted at trial, along with the parties’ arguments and proposed findings of fact and conclusions of law, I find in favor of the United States in the amount of $54,527,081.11 and such other relief as is set forth below. I base my decision on the following Findings of Fact and Conclusions of Law. I.FINDINGS OF FACT A. CERCLA LIABILITY AND DEFENSES 1. Liability 1. The parties have stipulated that Grace-Conn, is a liable party under CERCLA, 42 U.S.C. § 9607(a), for the Mine site, the former Screening Plant, the Flyway, the Bluffs, the former Export Plant, the Libby High School, the Libby Middle School, Plummer Elementary School, Kootenai Valley Christian School, Champion Haul Road, Rainy Creek Road, and the following residential or commercial properties in and near Libby, Montana: Beaulia, Belangie, Bowker, Brown (653 Flower Creek), Brown (346 Granite), Brownlee, Burshia, Cady, Calhoun, Cote, Dennis, Downey, Drury, Epperson, Fuh-lendorf, Geer, Graham, Hebenstreit, Hilli-ard, Hoff, Jacabson, Jeresek, Jordon, Koo-tenai Angler, Long, McCulley, Mohr, Munro, Nixon, Ñores, Parker (1421 Main), Parseau, Peterson, Phillips, Powers (2297 Kootenai River Rd.), Powers (2293 Koote-nai River Rd.), Ray, Rice, Rodgers, Sand-erson (123 Hamann), Sanderson (4241 Hwy 37), Sanderson (113 Oak), Schenck, Skramstad, Siefke, Smith, Spencer (500 Jay Effar), Spencer (229 Pinewood), Spencer Law Firm, Struck, Stubbs, Temple, Visger, Westfall, Wilkes (461 Parmen-ter), Wilkes (600 Ave. B). Revised Agreed Fact 48. 2. The parties have stipulated that KDC is a liable party under CERCLA, 42 U.S.C. § 9607(a)(1), for the Mine Site, Kootenai Bluffs and Kootenai Flyway because it is the “current owner” of the properties. Revised Agreed Fact 51. 3. Asbestos is a hazardous substance under CERCLA. Agreed Fact 7. See also 42 U.S.C. § 9601(14)(E) (referencing hazardous air pollutants listed under 42 U.S.C. § 7412(b)); 40 C.F.R. § 302.4 (asbestos on list of hazardous substances). 4. The parties have stipulated that any release or threat of release of asbestos at the properties that form the Libby Asbestos Site was not caused by an act of war. Revised Agreed Fact 52. 5. The parties have stipulated that any release or threat of release of asbestos at the Libby Asbestos Site was not caused by an act or omission of a third party. Revised Agreed Fact 53. 6. On May 23, 2000, the Environmental Protection Agency (“EPA”) sent W.R. Grace & Co. and Grace-Conn, a letter demanding payment of response costs of $561,790.85 that the United States had incurred through April 30, 2000. Agreed Fact 56. 2. Naturally-Occurring Asbestos 7. Paul Peronard is the EPA’s On-Scene Coordinator at the Libby Asbestos Site. Tr. at 38:9-19. 8. In this capacity, Mr. Peronard is responsible for overseeing the investigation and cleanup of hazardous waste sites. Tr. at 38:1-2. He has personal knowledge of the work done at the Site, and work done by the Department of Transportation (Volpe Center) and the Agency for Toxic Substances and Disease Registry (hereinafter “ATSDR”) under interagency agreements with EPA. Tr. at 39:25 to 44:11. 9. Mr. Peronard’s testimony is very credible. 10. Vermiculite Mountain (the “Mine Site”) is a geologic formation that includes naturally occurring asbestos. Tr. at 54:19-20. 11. EPA’s removal actions in and near Libby were not based on the presence of naturally-occurring asbestos undisturbed by human activity. Tr. at 55:19 to 56:8. Rather, EPA sought to remove vermiculite material disposed of in and near Libby during the mining, processing, and sale of vermiculite. Tr. at 56:5-8. 12. EPA excavated three to four feet of soil from part of the former Screening Plant north of Rainy Creek, currently owned by the Parker family. Tr. at 63:7-19. 13. On part of the Parker property where the Parkers intend to build a house, EPA encountered processed vermiculite at greater depths than at the rest of the former Screening Plant. This material was excavated so that installation of a septic system and drain field at the planned house would not require a future EPA response. Tr. at 63:20 to 64:14. 14. This area appears to have been a borrow pit or depression that was filled with processed vermiculite. Tr. at 63:23-24. Approximately 3,000 cubic yards of material were removed from this area. Tr. at 619:4r-21. 15. At the former Screening Plant, EPA took steps to avoid removing soils that were not related to vermiculite mining and processing. These steps included visual observation and refraining from excavating soils that were below a volcanic layer of ash that pre-dated vermiculite mining and processing. Tr. at 60:23 to 61:11. 16. EPA did not encounter the ash layer while excavating on the part of the Parker property discussed above in paragraphs 13 and 14. Tr. at 65:15 to 66:4. 17. Testimony by Mike Hutchinson, the geologist responsible for monitoring the excavations at the Libby Asbestos Site, contradicts testimony by Mr. Peronard. However, I find Mr. Hutchinson’s testimony was not credible. 18. EPA documented the presence of layers of naturally-occurring asbestos four to ten feet below the surface of parts of the former Screening Plant. See A.R. Doc. No. 485941. 19. Processed, unexfoliated vermiculite was found at depths of over ten feet in an area of the Screening Plant north of Rainy Creek. A.R. Doc. No. 485941, at 2. The document reflects that EPA excavated this area “to prevent exposure to workers who in the near future would potentially be digging basements, footing trenches, water and septic lines.” Id. at 3. 20. The mining of vermiculite removed rock, dirt, and vegetation from the top of Vermiculite Mountain, creating an extensive disturbed area at the Mine Site. Tr. at 359:9 to 360:22. 21. Materials eroding off the Mine Site flowed to Rainy Creek and then to the Kootenai River, upstream from the Screening Plant. Tr. at 354:5 to 356:3. 22. Mining operations at the Mine Site have exposed substantial surface area that would otherwise have been covered with dirt, rock and vegetation. Tr. at 359:16-24. 23. When the Mine Site was being mined, rainfall washed material from the surface of the Mine Site to the Kootenai River. Tr. at 361:7 to 362:3. 24. The disturbed area at the Mine Site was caused by mining activity. Any asbestos that washed off disturbed areas at the Mine Site to the Kootenai River was not in its “unaltered form, or altered solely by naturally occurring processes or phenomena.” B. COSTS INCURRED BY THE UNITED STATES 25. The United States claims it has incurred costs of $54,527,081.11 through December 31, 2001, for response activities at or related to the Libby Asbestos Site. This figure does not include prejudgment interest. Revised Agreed Fact 70. 1. Stipulated Costs 26. The parties have stipulated that EPA has adequately documented $1,214,289.97 in EPA payroll and travel costs; $1,372,000.00 in certain EPA indirect costs; 32; $2,382,127.89 in EPA contract costs; $26,927,611.95 in EPA inter-agency agreement costs, excluding ATSDR and Volpe Center/Aeolus, Inc. costs; $840,352.29 in EPA miscellaneous costs; $27,379.35 in Public Health Service travel costs; and $208,364.28 in Department of Justice costs. 27. The total amount for which the parties have stipulated to the adequacy of documentation is $32,972,125.73. a. EPA Payroll and Travel Costs 28. The parties stipulate to the adequacy of documentation for $822,536.62 in EPA Region 8 payroll costs through December 31, 2001. Agreed Fact 72. 29. The parties stipulate to the adequacy of documentation for $251,440.77 in EPA Region 8 travel costs through December 31, 2001. Agreed Fact 74. 30. The parties stipulate to the adequacy of documentation for $95,336.17 in EPA headquarters payroll costs through December 31, 2001. Agreed Fact 73. 31. The parties stipulate to the adequacy of documentation for $44,976.41 in EPA headquarters travel costs through December 31, 2001. Agreed Fact 75. 32. The amounts in paragraphs 27 through 30 total $1,214,289.97. b. EPA Indirect Costs 33. Defendants do not dispute $1,372,000 in EPA indirect costs incurred at or related to the Libby Asbestos Site through December 31, 2001. Revised Agreed Fact 71. c. EPA Contract Costs 34. The parties stipulate to the adequacy of documentation for $2,212,437.33 in costs incurred under the Enforcement Support Services (“ESS”) Contract No. 68-W9-9050 with Toeroek Associates Inc. for response activities at or related to the Libby Asbestos Site through December 31, 2001. Agreed Fact 80. 35. The parties stipulate to the adequacy of documentation for $145,266.57 in costs incurred under the Response Action Contract (“RACS”) No. 68-C9-9223 with Lockheed Martin Services, Inc. for response activities at or related to the Libby Asbestos Site through December 31, 2001. Agreed Fact 81. 86. The parties stipulate to the adequacy of documentation for $9,296.94 in costs incurred under the Superfund Technical Assist Response Team Contract No. 68-W5-0031 with URS Operating Services, Inc. for response activities at or related to the Libby Asbestos Site through December 31, 2001. Agreed Fact 82. 37. The parties stipulate to the adequacy of documentation for $14,781.81 in costs incurred under the Technical Support and Site Evaluation Program Contract No. 68-WO-1010 with IT Corp. for response activities at or related to the Libby Asbestos Site through December 31, 2001. Agreed Fact 83. 38. The parties stipulate to the adequacy of documentation for $345.24 in costs incurred under the Technical Support and Site Evaluation Program Contract No. 68-W9-8106 with Dyncorp I & ET, Inc. for response activities at or related to the Libby Asbestos Site through December 31, 2001. Agreed Fact 84. 39. The amounts in paragraphs 34 through 38 total $2,382,127.89. d. EPA Interagency Agreement Costs (Excluding ATSDR) 40. EPA performed much of the investigatory and cleanup work at the Libby Asbestos Site through the use of Inter-agency Agreements with other federal agencies. Tr. at 40: 2-9, 41:21 to 42-10. 41. The parties stipulate that the United States Geological Survey (“USGS”) incurred $123,217.05 in costs under Inter-agency Agreement No. DW14953782 for response activities at or related to the Libby Asbestos Site through December 31, 2001. Supplemental Agreed Fact 92. USGS assisted EPA on issues related to asbestos analysis and the mineralogy of the Libby vermiculite deposit. Tr. at 41:21 to 42:4. 42. In November 1999, the Volpe Center began working with EPA Region 8 to support its investigation at the Libby Asbestos Site. Tr. at 324:21 to 325:1. The Volpe Center conducted its activities at the Libby Asbestos Site through an inter-agency agreement with EPA. Tr. at 325:19, 326:3-5; Exhibit 1063. The Volpe Center’s work at Libby included, among other things, removal of hazardous substances, investigation, community relations, and operating management information systems. Tr. at 325:2-9; 39:25 to 41:8. 43. John McGuiggin testified about activities performed and costs incurred by the Volpe Center at or related to the Libby Asbestos Site. Mr. McGuiggin is an environmental engineer and is the Libby Asbestos Site project manager for the Volpe Center. He has personal knowledge of the activities performed and costs incurred by the Volpe Center. Tr. 324:24 to 325:17. 44. The parties stipulate to the adequacy of documentation for $26,804,394.90 in Volpe Center costs under Interagency Agreement No. DW69953792 for response activities at or related to the Libby Asbestos Site through December 31, 2001. Revised Agreed Fact 86. 45. The parties stipulate that $3.86 million of the Volpe Center costs for response activities at or related to the Libby Asbestos Site incurred through December 31, 2001, were incurred at the Kootenai Bluffs and Flyway properties, currently owned by Defendant KDC. Supplemental Agreed Fact 91. 46. Total interagency agreement costs for response activities at or related to the Libby Asbestos Site incurred through December 31, 2001, for which the adequacy of documentation is undisputed are $26,927,611.95. e. EPA Miscellaneous Costs 47. The parties stipulate to the adequacy of documentation for EPA Miscellaneous Costs of $840,352.29 incurred through December 31, 2001, for response activities at or related to the Libby Asbestos Site. Agreed Fact 85. f. Public Health Service Travel Costs 48. The parties stipulate to the adequacy of documentation for $27,379.35 in U.S. Department of Health and Human Services, Public Health Service (“PHS”) travel costs for response activities at or related to the Libby Asbestos Site incurred through December 31, 2001. Agreed Fact 88. g. Department of Justice Costs 49. The parties stipulate that the United States has incurred costs of $208,364.28 through December 31, 2001, for U.S. Department of Justice (“DOJ”) employee payroll and indirect costs for enforcement activities related to the Libby Asbestos Site. Agreed Fact 87. 50. The parties stipulate that the DOJ costs are reasonable. Agreed Fact 87. 2. Disputed Costs a. Agency For Toxic Substances and Disease Registry (“ATSDR”) Costs (1) Background 51. ATSDR is an agency of the United States Department of Health and Human Services and the sister agency of the Centers for Disease Control and Prevention. See 42 U.S.C. § 9604(i)(l). 52. Among other things, ATSDR is responsible for assessing public health issues related to the release of hazardous substances. Tr. at 98:15 to 99:5. See also 42 U.S.C. § 9604®. 53. To further its responsibilities, ATSDR is authorized by CERCLA to conduct survey and screening programs to “determine relationships between exposure to toxic substances and illness.” 42 U.S.C. § 9604(i)(l)(E). 54. Sharon Campolucci testified about ATSDR’s involvement at the Libby Asbestos Site. She is the Deputy Director for the Division of Health Studies at ATSDR and was the project officer and field coordinator in Libby. She has personal knowledge of ATSDR’s activities at the Libby Asbestos Site. Tr. at 94:21-13; 97:7-12; 102:6-20; 104:21 to 105:21. (2) ATSDR’s Site-Related Activities 55. In late 1999, EPA asked ATSDR to participate in the government’s response to the release of asbestos in and around Libby, Montana. Tr. at 105:22-25; 42:5 to 43:2. 56. As part of this response, ATSDR prepared a comprehensive plan outlining the activities ATSDR intended to undertake at the Site. Tr. at 104:3-20. 57. Under this plan, ATSDR (i) conducted a Medical Testing Program; (ii) performed a Mortality Analysis; (in) conducted a Pilot Study of Environmental Cases; (iv) conducted a CT Study; (v) provided health education; (vi) implemented a tracing project, a precursor to the Tremolite Asbestos Registry; and (vii) prepared a substance-specific health consultation on tremolite asbestos. (a) Medical Testing Program 58. ATSDR’s largest activity in Libby in terms of both time and money was its Medical Testing Program. See, e.g., Exhibit 1141, at 5891 (showing that ATSDR incurred more than $5,000,000.00 in connection with the Medical Testing Program). 59. ATSDR began planning for the Medical Testing Program soon after EPA provided information indicating that residents in the community had been exposed to asbestos and that associated health concerns had been documented by the local medical community. See Tr. at 168:19-25, 106:6-8,167:23 to 168:18. 60. The Medical Testing Program involved testing residents and former residents of Libby to determine the extent of adverse health effects from exposures to asbestos. See Exhibit 1145, at 1860; Tr. at 106:1-5. 61. The Medical Testing Program was implemented in two phases. Tr. at 109:8-9. In the first phase, ATSDR, through its contractor National Opinion Research Center (“NORC”), conducted more than 12,000 telephone screening interviews. Tr. at 110:5-11. The purpose of the interviews was to determine eligibility, based on criteria developed by ATSDR, for medical testing. Tr. at 109:8 to 110:4. 62. In the second phase, ATSDR, through NORC and the Association of Occupational & Environmental Clinics (“AOEC”), performed medical testing on more than 7,000 eligible individuals. Tr. at 110:19 to 111:1,123:5-6. 63. ATSDR conducted medical testing in a clinic it established in Libby. Tr. at 112:9 to 113:3. ATSDR also conducted testing in Elko, Nevada, to accommodate former Libby residents who had moved to a mining community there after the mine in Libby closed. Tr. at 121:22 to 122:10. 64. Between July 5, 2000, and November 2, 2000, the first year of the Medical Testing Program, ATSDR’s Libby clinic was generally open seven days per week for 8 to 12 hours per day. During 2001, the clinic was open from July 29 through approximately September 7. Tr. at 121:10-21. 65. An initial step in the medical testing was an interview in which participants were asked to complete a consent form and to provide information on their medical and residential histories. Tr. at 114:1-20. 66. After the interview, participants were given a pulmonary function test, which measures lung capacity. A diminished lung capacity is a marker for asbestos-related lung abnormalities. See Tr. at 115:8-17. 67. Following the pulmonary function test, participants had three chest x-rays taken — one posterior anterior (front to back) and two obliques. Tr. at 117:14 to 118:1. 68. The results of the pulmonary function test were reviewed on site by a pulmo-nologist. Tr. at 116:23 to 117:6. 69. The chest x-rays were also read on site for urgent care needs by a radiologist. Tr. at 118:2-8. The results were then read off-site by at least two B-readers for asbestos-related lung abnormalities. Tr. at 118:9 to 119:3. 70. At the end of his or her appointment, each participant was given a summary of the tests that had been performed, a patient ID number, information about when the final results would be available, a phone number to call with any questions, and a fact sheet about asbestos. Tr. at 120:18 to 121:6. 71. Once available, the final test results were mailed to participants and their designated health care providers. Tr. at 121:7-9. 72. Aggregate results from the Medical Testing - Program were reported in the ATSDR study entitled: Year 2000 Medical Testing of Individuals Potentially Exposed to Asbestiform Minerals Associated With Vermiculite in Libby, Montana: A Report To the Community. A.R. Doc. No. 487408. 73. The Medical Testing Program was a “health effects study.” See Tr. at 170:1— 5, 167:12-17; 42 C.F.R. § 90.2 (defining “health effects study” as “research, investigation, or study ... to evaluate the health effects of exposure to hazardous substances at specific sites”). (b) Mortality Analysis 74. In addition to the Medical Testing Program, ATSDR conducted a mortality analysis as part of its health-related activities at the Site. Tr. at 149:13-15. The analysis involved a review and analysis of the death certificates of former Libby residents. Tr. at 149:18-22. 75. The purpose of the mortality analysis was to determine if there was a higher mortality rate from specific diseases in the Libby area. Tr. at 149:23-25. 76. Aggregate results from the mortality analysis were reported in the ATSDR study entitled: Health Consultation: Mortality from Asbestosis in Libby, Montana. Exhibit 1145 at 810-64. 77. The mortality analysis was a “health effects study.” See Tr. at 170:6-10,167:12-17; 42 C.F.R. § 90.2. (c) Pilot Study of Environmental Cases 78. In addition to the Medical Testing Program and mortality analysis, ATSDR performed a pilot study of environmental cases (“Pilot Study”) in connection with the Libby Asbestos Site. Tr. at 150:9-11. 79. As part of the Pilot Study, ATSDR, with the assistance of NORC, reviewed the medical records of Libby residents and former residents who had been diagnosed with an asbestos-related disease. Tr. at 150:9-21. 80. The main purpose of the Pilot Study was to determine whether residents of Libby were at risk of developing asbestos-related diseases solely based on having lived in Libby. A second purpose was to examine the clinical progression of asbestos-related diseases to better understand how the diseases progress. Tr. at 160:12— 21. 81. The Pilot Study was a “health effects study.” See Tr. at 170:11-13,167:12-17; 42 C.F.R. § 90.2. (d) CT Study 82. ATSDR also conducted a Computed Tomography study (“CT Study”) as part of its activities at the Libby Asbestos Site. Tr. at 151:24-25. 83. The CT Study involved taking approximately 325 CT scans of current and former residents of Libby. Tr. at 152:21 to 153:11. 84. The purpose of the CT Study was to determine whether CT scans were more effective than chest x-rays at detecting asbestos-related lung abnormalities. Tr. at 152:10-13. 85. The CT Study was a “health effects study.” See Tr. at 170:16-17, 167:12-17; 42 C.F.R. § 90.2. (e) Health Education 86. At EPA’s request, and as part of its own response, ATSDR provided health education as part of its response at the Libby Asbestos Site. See Tr. at 154:15-16; 45:8-24. 87. EPA provided ATSDR with $4,725,000 through a site-specific inter-agency agreement for the explicit purpose of (1) providing “medical testing for people in the community who have had past exposures to asbestos in order to identify people with asbestos-related conditions so that they can be referred for medical care” (ie., the Medical Testing Program) and (2) providing “a public health education program to assist local health care providers and residents in obtaining full and up-to-date information on asbestos-related risks and diseases.” Exhibit 1145 at 881-82 88. ATSDR’s health education activities included conducting stress management workshops, holding smoking cessation classes, providing continuing medical education, and preparing fact sheets. Tr. at 154:17-21,157:20-22. 89. ATSDR held six stress management workshops — five for counselors, such as social workers, nurses and clergy, and one for the community. Tr. at 155:2-7. These workshops were taught by an ATSDR staff psychiatrist, Tr. at 154:22-25, and were offered as part of ATSDR’s effort to prepare the community for the anxiety and depression expected to follow the dissemination of information generated through the Medical Testing Program. Tr. at 155:18 to 156:1. The topics covered during the workshops included counseling on grieving and anxiety associated with asbestos-related diseases and, for family members, dealing with ongoing care for people who have asbestos-related diseases. Tr. at 155:10-17. 90. ATSDR held four smoking cessation classes. These classes were held to educate the community on the increased health risk those with asbestos-related disease face when they smoke. Tr. at 156:15 to 157:11. 91. As part of its health education efforts, ATSDR also provided continuing medical education. The continuing medical education was offered to physicians and health care providers in Libby and Kalis-pell over a two-day period. Tr. at 158:2-21; See also Exhibit 1145, at 1398-422. The purpose was to provide local physicians and health care providers with information about asbestos-related diseases, including diagnosis, to prepare them to treat those suffering from asbestos-related diseases in the Libby community. Tr. at 158:22 to 158:13. 92. ATSDR also prepared 10 to 12 fact sheets on a variety of asbestos-related topics affecting the Libby community. Tr. at 160:12-14. The fact sheets were part of ATSDR’s effort to communicate the results of its response activities to the Libby community. Tr. at 159:14 to 160:11. 93. Health education facilitates community understanding of and cooperation -with EPA’s cleanup activities. Tr. at 44:23 to 45:13. Health education is a prudent public health practice, an integral part of ATSDR’s site-related activities, and an essential means for communicating the results of ATSDR’s response activities to the Libby community. See e.g. Tr. at 170:20 to 171:5. 94. Though ATSDR’s health education activities at Libby are neither “health assessments” nor “health effects studies,” each is “necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment” and, therefore, they are part of the government’s removal action at the Libby Asbestos Site. See 42 U.S.C. § 9601(23) (defining “removal” to include “such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment, which may otherwise result from a release or threat of release [of a hazardous substance]”). See also 40 C.F.R. §§ 300.155 and 300.415(n) (concerning community relations); Tr. at 44:4 to 45:24; Exhibit 1145 at 881 (providing ATSDR with EPA funding explicitly for health education in Libby). (f) Tracing Project/Tremolite Asbestos Registry 95. As part of its response in Libby, ATSDR initiated a tracing project. The purpose of the tracing project was to identify individuals who worked at W.R. Grace’s vermiculite mine or vermiculite processing facilities or lived with someone who had. Tr. at 161:8-25. 96. The tracing project was a precursor to the Tremolite Asbestos Registry. Tr. at 162:12-20. 97. The Tremolite Asbestos Registry represents ATSDR’s effort to locate and follow individuals who worked at W.R. Grace’s vermiculite mine or related facilities or lived with someone who had to determine the health effects of asbestos exposure over an extended period of time. Tr. at 163:12-21. 98. The tracing project was part of a “health effects study” — the Tremolite Asbestos Registry. See Tr. at 171:6-12, 167:12-17; 42 C.F.R. § 90.2 (defining “health effects study” to specifically include exposure and disease registries). (g) Substance-specific Health Consultation on Tremolite Asbestos 99. In connection with ATSDR’s response in Libby, ATSDR also prepared a site-specific health consultation on tremol-ite asbestos. Tr. at 164:25 to 165:2, 165:20 to 166:6. 100. The health consultation on tremol-ite asbestos contains ATSDR’s knowledge on tremolite asbestos and was prepared in direct response to the human health threats posed by the Libby Asbestos Site and provided ATSDR with necessary background information for many of its health-related activities at the Site. Tr. at 165:5-19. 101. While the health consultation on tremolite asbestos is neither a “health assessment” nor a “health effects study,” it was necessary for ATSDR to arm itself with information about tremolite asbestos so it could respond appropriately to the Libby Asbestos Site. The health consultation was “necessary to prevent, minimize, or mitigate damage to the public health or welfare or to the environment” and, therefore, was part of the government’s removal action. See 42 U.S.C. § 9601(23). (3) Documentation of ATSDR Costs 102. ATSDR used two sources to pay costs incurred during its response activities at the Libby Asbestos Site: (1) its own general appropriations and (2) a site-specific interagency agreement with EPA. See Tr. at 139:24 to 140:3. See also Exhibit 1141 at 5889-91 (distinguishing between costs incurred under site-specific inter-agency agreement and those incurred from general appropriations). 103. ATSDR tracked its costs by using five categories: payroll, travel, extramural, indirect, and other. Tr. at 175:15-22. 104. ATSDR has summarized its Libby costs through December 31, 2001, in a cost summary. Exhibit 1141, at 5891. ATSDR has documented its Libby costs through December 31, 2001, in a cost recovery package. Exhibit 1145. 105. Betty Jones testified about the documentation of ATSDR’s costs. Ms. Jones is a certified public accountant and is the Cost Recovery team leader for ATSDR. She oversees the cost recovery accounting process for ATSDR and has personal knowledge of ATSDR’s overall accounting process and the specific accounting used for the Libby Asbestos Site. Tr. at 174:2-19. I find her testimony credible and persuasive. (a) Payroll Costs 106. ATSDR tracks its payroll costs using cost recovery time sheets. Tr. at 176:10-11; Exhibit 1135. 107. The time sheets are completed electronically and input directly into ATSDR’s Cost Recovery System (“CRS”) by each ATSDR employee doing site-specific work. Tr. at 178:23-25, 179:17 to 181:1. 108. ATSDR’s time sheets record the employee’s name; the pay period; the pay period date; the activity codes describing the nature of the work performed; the site codes describing the site to which the work relates; the site name and State; and the hours worked. Tr. at 181:11-21; Exhibit 1135. 109. Once completed, the time sheets are signed and dated by both the employee and the employee’s supervisor. The signatures confirm that the employee and his or her supervisor have reviewed the time sheet for accuracy and completeness. Tr. at 182:15-22. 110. The information on the time sheets is summarized on payroll summaries, including a Comprehensive Payroll Expense Report and a Payroll Expense Report. 111. The Comprehensive Payroll Expense Report is generated by CRS. It is prepared for a specific site and contains the names of each employee doing site-specific work, the fiscal year in which the work was done, the pay period, the activity code, the hours worked, and the corresponding payroll amount. See, e.g., Exhibit 1145, at 928-48; see also Tr. at 205:3-19. 112. The Payroll Expense Report summarizes the Comprehensive Payroll Expense Report and contains the name of each employee doing site-specific work, the fiscal year, the hours worked, and the total payroll amount by employee and fiscal year. See, e.g., Exhibit 1145, at 911-27. 113. The payroll summaries for the Libby Site, copies of all cost recovery time sheets supporting the payroll summaries, and a summary of activity codes are included in ATSDR’s cost recovery package. See, e.g., Exhibit 1145, at 911-1302; Tr. at 206:5-20. (b) Travel Costs 114. ATSDR documents its travel costs using travel orders and travel vouchers. 115. The travel order authorizes an employee to travel. Tr. at 184:6-12. It contains the travel order number, the traveler’s name, the traveler’s social security number, the purpose of the trip, and an estimate of the travel costs. Exhibit 1134, at 8306-08. 116. ATSDR’s cost recovery group reviews all travel orders to determine whether the purpose of the travel is site-specific. Tr. at 185:22 to 186:3. 117. ATSDR tracks site-specific travel by manually inputting the travel information into CRS, the same electronic system ATSDR uses to track its payroll costs. Tr. at 186:15-20. 118. The travel voucher is used for authorization and payment of travel costs. See Exhibit 1134. It is prepared after an employee completes his or her travel. The travel voucher includes documentation of specific travel costs, such as airline and hotel receipts, and is signed by the employee. Id.; Tr. at 184:1-5. 119. The costs reflected on a travel voucher are included in a cost recovery package only after they have actually been paid. Tr. at 186:21 to 187:4. Payment is verified through an interface between CRS and the financial management system. When the voucher is paid, the financial management system automatically downloads to CRS the amount paid, the treasury schedule number, and the date. Tr. at 187:5-11. 120. Once ATSDR’s cost recovery group receives notification that a travel voucher has been paid, it compares the voucher with the employee’s time sheet to verify that the purpose of the trip and the time sheet coincide. Tr. at 187:12-18. 121. If the voucher is consistent with the time sheet, the cost recovery group approves the travel voucher in CRS and the amount can be included in a cost recovery package. Tr. at 187:19 to 188:7. 122. Like payroll costs, ATSDR’s travel costs are summarized in travel expense summaries for each site, including a Comprehensive Travel Expense Report and a Travel Expense Report. 123. The Comprehensive Travel Expense Report is generated by CRS for each site and contains the names of each employee traveling on site-related work; the fiscal year in which the travel was taken; the obligation document number (“ODN”)/travel order number; voucher amount; ticket amount; total travel expense amount; and treasury schedule number confirming payment of the total travel expense amount. See, e.g., Exhibit 1145, at 1968-78. See also Tr. at 205:3-19. 124. The Travel Expense Report summarizes the Comprehensive Travel Expense Report and contains employees’ names; ODN/travel order numbers; treasury schedule numbers; and amounts paid. See, e.g., Exhibit 1145, at 1964-67; Tr. at 207:5-13. 125. The travel expense summaries for the Libby Asbestos Site and copies of all travel orders and travel vouchers relating to those summaries are included in ATSDR’s cost recovery package. See, e.g., Exhibit 1145 at 1964-3060. See also Tr. at 207:18-24. (c) Extramural Costs/NORC and AOEC 126. ATSDR used both a task order contract and a cooperative agreement to accomplish its health-related activities in Libby. 127. For example, ATSDR used several task orders, numbered 13, 14, 15, and 16, under its contract with NORC to perform work relating to the Libby Site. Task Order 13 related to the Medical Testing Program; Task Order 14 related to the CT Study; Task Order 15 related to the Pilot Study of Environmental Cases; and Task Order 16 related to the tracing project/Tremolite Asbestos Registry. See Exhibit 1152. 128. ATSDR used its existing cooperative agreement with AOEC to secure its assistance with the Medical Testing Program. See Tr. at 110:24 to 111:1, 111:11 to 112:8. 129. ATSDR categorizes costs associated with both task order contracts and cooperative agreements as extramural costs. Tr. at 190:24 to 191:1. 130. Under both funding mechanisms, ATSDR obligates a specific amount of money for a given task. See, e.g., Exhibit 104 (seeking authorization for funding NORC for first phase of Medical Testing Program); Exhibit 1136 (documenting that request for NORC funding for first phase of Medical Testing Program granted); Exhibit 1153 (documenting increase in NORC funding for Medical Testing Program); Exhibit 1154 (AOEC’s application for funding); Exhibit 1133 (seeking authorization for funding AOEC for its participation in Medical Testing Program); Exhibit 1198 (documenting that request for AOEC funding granted). Once obligated, funding is transferred to an account maintained for the contractor/cooperative partner using a letter of credit. See Tr. at 137:17-25. 131. Upon transfer, funds are immediately available to the contractor or cooperative partner without further action on the part of ATSDR. See Tr. at 131:23 to 132:8. 132. Progress under both task order contracts and cooperative agreements is documented in progress reports. See, e.g., Exhibit 1132; Exhibit 1149. 133. With respect to its work in Libby, NORC submitted a monthly progress report to Sharon Campolucci, ATSDR’s project officer and field coordinator for the Libby Site. See Exhibit 1132; Tr. at 132:9-17. Ms. Campolucci reviewed these reports to verify that they were consistent with her understanding of the work done in Libby. Tr. at 133:5-20. 134. In addition to the monthly progress reports, NORC submitted an invoice to Ms. Campolucci every month for each task. See Exhibit 1131; Tr. at 135:11 to 136:18. These invoices were reviewed by either Ms. Campolucci or her staff. Tr. at 136:16 to 137:16. Discrepancies were brought to NORC’s attention and, as warranted, corrected. See id. 135. AOEC provided ATSDR with quarterly progress reports, summarizing AOEC’s work at all sites, including the Libby Asbestos Site. See Exhibit 1149; Tr. at 145:24 to 146:4. Progress reports were reviewed by Ms. Campolucci or her staff to verify that they were consistent with her understanding of AOEC’s work in Libby. Tr. at 145:24 to 147:5. 136. Extramural costs are not tracked in ATSDR’s CRS. Tr. at 191:5-11. 137. Instead, when ATSDR is asked to prepare a cost recovery package for a site, it determines whether it has incurred extramural costs relating to that site. Tr. at 191:12 to 192:6. 138. Where there are extramural costs, ATSDR requests cost information and supporting documentation from the contractor and/or cooperative partner. Tr. at 192:7-13. 139. Upon receipt, ATSDR’s cost recovery group conducts an overall review of the information and documentation. It checks for mathematical errors and missing documentation. Tr. at 193:6-19. 140. After it checks for mathematical errors and missing documentation, ATSDR’s cost recovery group manually includes the extramural costs in the cost recovery package as a fine item in the cost summary. See, e.g., Exhibit 1141, at 5891; Tr. at 192:7-13. 141. Cost information and supporting documentation relating to ATSDR’s extramural costs, including authorization documents, see, e.g., Exhibit 1136; invoices, see, e.g., Exhibit 1131; progress reports see, e.g., Exhibit 1132, Exhibit 1145, at 5373-96; and expense summaries, see, e.g., Exhibit 1145, at 5370-72, 5396, 5398, are included in ATSDR’s cost recovery package for the Libby Asbestos Site. See Tr. at 209:16-21; see also Exhibit 1145, at 1303-455. (d) ATSDR Indirect Costs 142. ATSDR also incurs indirect costs. Tr. at 194:21-22. Indirect costs are commonly referred to as overhead. Examples include rent, utilities, information systems, and computer services. Tr. at 194:11-15. 143. ATSDR calculates its indirect costs by using an indirect cost rate. Tr. at 194:23-24. 144. ATSDR’s indirect cost rate is calculated each fiscal year by Cotton and Company. Tr. at 194:25 to 195:7, 221:4-6, 222:2-5. 145. Once the indirect cost rate is finalized for a particular fiscal year, ATSDR’s cost recovery group manually inputs the rate into CRS. Tr. at 197:1-3. 146. To determine its indirect costs for any particular site, ATSDR multiplies the total number of direct site hours by the applicable indirect cost rate. Tr. at 197:4-17. This calculation is automatically done by CRS and is documented on an indirect cost expense report. See Tr. at 208:24 to 209:4. 147. ATSDR’s total indirect costs, through the pay period ending December 29, 2001, associated with the Libby Asbestos Site were $4,581,885.00. See Exhibit 1141, at 5891. 148. The indirect cost expense report for the Libby Asbestos Site and copies of relevant pages from Cotton and Company’s indirect cost rate report showing the final calculation of the indirect cost rate are included in ATSDR’s cost recovery package. See Exhibit 1145, at 4626-27; Tr. at 208:24 to 209:4. (e) “Other” Costs 149. “Other” costs are all costs that are not payroll, travel, extramural, or indirect. Tr. at 188:16-22. 150. The primary other cost associated with the Libby Asbestos Site is the administrative fee paid to the Centers for Disease Control and Prevention (“CDC”). The administrative fee covers administrative support services provided by GDC to ATSDR. See Exhibit 1145, at 4306-08. 151. “Other” costs are documented in two ways. Some are tracked in CRS; some are tracked by invoice. In either case, to be included in a cost recovery package, the cost recovery group must be aware of them. Tr. at 188:23 to 189:8. 152. For those costs that can be tracked in CRS, payment is" verified through an interface between CRS and the financial management system. When the cost is paid, the financial management system automatically downloads the payment information to CRS. Tr. at 189:15-21. 153. Once ATSDR’s cost recovery group receives notification that an “other” cost in CRS has been paid, through the automatic interface between CRS and the financial management system, the cost recovery group reviews the documentation supporting the cost to insure that it is complete, that the cost was site-specific, that it was authorized, and that it was paid. Tr. at 189:22 to 190:23. 154. If the supporting documentation is complete, and the cost is site-specific, authorized and paid, the cost recovery group manually approves the cost in CRS and the amount can be included in a cost recovery package. Tr. at 190:12-23. 155. For those costs that cannot be tracked in CRS, the cost recovery group keeps pertinent documentation, such as invoices, purchase orders, credit card bills and receipts, in a site-specific file. Tr. at 189:9-14. When a cost recovery package is prepared, these costs are manually included in the line item in the cost summary for “other” costs. See generally Exhibit 1141, at 5891; Tr. at 207:25 to 208:3. 156. Summary reports reflecting payment of “other” costs tracked in CRS; copies of invoices, purchase orders, credit card bills and receipts; financial records from CDC reflecting the amount of the administrative fee; and CDC’s authority for charging ATSDR the administrative fee are included in ATSDR’s cost recovery package for the Libby Asbestos Site. Tr. at 208:4-18. (4) Summary of ATSDR Costs 157. ATSDR incurred $11,338,191.62 in costs relating to the Libby Asbestos Site through December 31, 2001. Exhibit 1141, at 5891; Tr. at 204:16-21. 158. Of ATSDR’s total costs, $943,281.99 were for payroll costs; $209,410.96 were for travel costs; $278,582.60 were for “other” costs; $4,581,885.00 were for indirect costs; and $5,325,031.07 were for extramural costs— $4,044,748.00 to NORC and $1,280,283.07 to AOEC. See Exhibit 1141, at 5891. 159. The United States has proven through testimony and sufficient documentation that it is entitled by a preponderance of evidence to recovery of the full $11,338,191.62 of ATSDR’s costs. b. Volpe Center/Aeolus, Inc. Costs 160. Defendants contend that costs EPA incurred through its inter-agency agreement with the Volpe Center related to a contract with Aeolus, Inc. (“Aeolus”) should have been billed to a non-site specific account rather than to the Libby Asbestos Site project. 161. EPA incurred $266,538.10 in costs related to the Volpe Center’s contract with Aeolus through December 31, 2001. Tr. at 516:9-11,17-19; 334:7-18. 162. Defendants also contend that no work was performed under one Aeolus task order, and that one Aeolus progress report was dated after the work was performed. Tr. at 548:4-18. Defendants do not contest the adequacy of the documentation of Aeolus costs. Tr. at 548:19-24. 163. The Volpe Center contract with Aeolus required the company to perform six tasks and produce deliverables related to the tasks. The tasks were: 1) review relevant asbestos literature to allow the government to make more relevant assessments of the risks posed at the Libby Asbestos Site; 2) review of the Libby Asbestos Site risk documentation; 3) obtain, review, and organize data to update existing recommended risk factors and exposure indexes; 4) reevaluate the appropriateness of the current mesothelioma model being used to derive recommended risk factors and exposure indexes; 5) apply the “new” risk models to available exposure and mortality data sets; and 6) complete modifications and revisions to finalize the existing methodology. Tr. at 47:6 to 48:6; 344:22 to 345:13. See also Exhibit 1192, at 10197,10199-202. 164. Aeolus produced a two-volume final report and risk assessment model under the contract with the Volpe Center. Tr. at 48:10 to 49:4. See also Exhibit 1186; Exhibit 1187. The two-volume report included everything that Aeolus had produced as deliverables under the contract, including the epidemiological reviews and the bibliography as well as the revised or proposed risk assessment model that could be used for assessing asbestos risk. See Exhibit 1186; Exhibit 1187. 165. EPA was satisfied with Aeolus’ work product and found it helpful to the work being done in Libby. Tr. at 49:18 to 50:17. 166. Aeolus provided the Volpe Center with progress reports that summarized the work that it did under the firm fixed-price contract with the agency. Tr. at 329:12-19. 167. Progress Report No. 2, which covered the period from February 6 to February 19, 2001, was dated June 28, 2002. Tr. at 330:11-19, 336:23 to 337:6. See also Exhibit 1183. 168. EPA relied on work produced by Aeolus in its work at the Libby Asbestos Site. Tr. at 51:15-19. 169. EPA included studies that Aeolus had identified in the Administrative Record for the Libby Asbestos Site and relied on them in its cleanup decisions; incorporated Aeolus’ review of epidemiological studies in the sampling analysis plans it prepared for the Libby Asbestos Site; and used Aeolus’ analysis of the type and toxicity of different types of asbestos fibers to help formulate its sampling plans at the Libby Asbestos Site. Tr. at 46:15-19, 47:6 to 48:6, 50:2-17. EPA specifically used Aeolus’ work related to sampling in Libby, and the narrative information he provided about the epidemiological studies and the nature and behavior of asbestos. Tr. at 51:9-14. 170. One of Aeolus’ tasks was to reassess the asbestos risk assessment methodology that was being used at the time because EPA Region 8 determined that that methodology may have been insufficient to protect the Libby community. Tr. at 345:16 to 346:20. See also Exhibit 1191, at 10187-88; Exhibit 1192, at 10198-99. Though EPA has not used the quantitative risk model that Aeolus developed for risk assessment calculations at the Libby Asbestos Site thus far, it may do so in the future. Tr. at 51:15-17, 51:25 to 52:15. 171. The United States has proven by testimony and sufficient documentation it is entitled to recovery of $266,538.10 in Aeolus costs that EPA incurred through its interagency agreement with the Volpe Center. c. EPA Indirect Costs 172. The cost of cleanups EPA performs under its CERCLA authority includes both direct and indirect costs. Tr. at 247:22 to 249:11. 173. Direct costs are costs incurred by an organization to produce a product or service. Tr. at 248:6-12. Examples of EPA’s direct costs include the salary of EPA personnel for time spent directing cleanup activities at a site, the cost of travel to the site, and the cost of contractors performing work at the site. Tr. at 248:13-23. 174. Indirect costs are costs incurred by an organization that support the production of a product or service but which cannot be specifically identified with that product or service. Indirect costs are commonly called “overhead” costs. Examples of indirect costs include costs of rent, electricity, employee leave time, and the computer network. Tr. at 248:24 to 249:11. 175. EPA should account for the cost of its Superfund activities through both direct and indirect costs. Tr. at 553:9-11. Contracts, interagency agreements, and state cooperative agreements are part of EPA’s activities within the Superfund program. Tr. at 553:12-15. 176. The Statement of Federal Financial Accounting Standards No. 4 (“Standard No. 4”) is the generally accepted cost accounting principle applicable to the federal government. Tr. at 244:12-16; 551:19-24. See also Exhibit 1058, at 06356. 177. The EPA is required to follow Standard No. 4. Tr. at 244:20 to 245:2; 577:2-5; 577:18-23. Although other cost accounting standards exist, they do not apply to EPA’s internal accounting. Tr. at 245:5-19. 178. Standard No. 4 does not require that EPA use any particular methodology to calculate its indirect costs, nor does it tell EPA how it must develop its methodology for calculating the indirect rate. Tr. at 551:25 to 552:6; 283:2-5. 179. Rather, the language of Standard No. 4 is intentionally broad to allow maximum flexibility for federal agencies in developing costing methodologies that best suit their agencies. Tr. at 283:6-15; 552:7-12. See also Exhibit 1058, at 06358. 180. The requirements of Standard No. 4 are: 1) cost accounting, or regularly reporting costs; 2) responsibility segments, or identifying organizations within EPA that produce products or services; 3) full costs, or identifying the full costs of outputs; 4) inter-entity costs, or costs incurred by other federal agencies that provide goods or services to the EPA; and 5) costing methodology, or using appropriate costing methodologies to accumulate and assign costs to outputs. Tr. at 246:12 to 247:5. See also Exhibit 1058, at 06357-58; Exhibit 415, at 05940. (1) EPA’s Revised Indirect Cost Methodology 181. Before Fiscal Year 2000, EPA employed a methodology based upon EPA labor hours charged to Superfund sites for determining its indirect costs. Tr. at 264:21 to 265:2. That methodology did not take into account the complexity and magnitude of all of the activities that take place at a Superfund site, as labor hours are only a small component of site-specific costs. Tr. at 276:13-17. See also Exhibit 64, at 05895-96 (Guidance on Exercising CERCLA Enforcement Discretion in Anticipation of Full Cost Accounting Consistent with “Statement of Federal Financial Accounting Standards No. 4” (hereinafter “EPA Guidance on Standard No. 4”), 65 Fed.Reg. 35,339 (June 7, 2000)). EPA’s pre-2000 methodology did not allow it to recover all of the Superfund program’s indirect costs. Tr. at 265:10-12. See also Exhibit 64, at 05896. 182. The General Accounting Office (“GAO”), the EPA Office of Inspector General (“OIG”), the Office of Management and Budget (“OMB”), and Congress repeatedly criticized EPA’s previous methodology for failing to identify the full cost of Superfund site cleanups and, therefore, failing to allow for potential recovery of all indirect costs. Tr. at 265:3-14. See also Exhibit 64, at 05896; Exhibit 415 at 05941 (GAO Report). 183. In 2000, EPA revised its methodology to employ a “full cost” methodology for indirect costs, based on the guidance in Standard No. 4. Tr. at 267:8-10, 266:13-19. See also Exhibit 1058, at 06359; Exhibit 64, at 05896-97. A full cost methodology identifies all appropriate indirect costs to a product. Tr. at 265:20-25. 184. The revised methodology allocates indirect costs to Superfund sites based on the total costs of cleaning up the sites. Tr. at 267:11-13. To compute its indirect cost rate, EPA identifies its total direct Superfund site expenditures by region and allocates indirect costs over that amount to produce a percentage. The allocation is the means to reflect the relationship of indirect costs to direct expenditures for the Superfund program. See Tr. at 267:14-18. To determine indirect costs attributable to an individual Superfund site, that percentage is then multiplied by total direct costs for the individual site. Tr. at 267:19-21. See also Exhibit 64, at 05895. 185. Under the revised methodology, there are four steps to calculate EPA’s indirect costs for a particular Superfund site: 1) identify the pool of indirect costs for Superfund sites within each EPA region; 2) identify the allocation base, or the total amount of site-specific direct costs incurred within each EPA region; 3) compute the indirect rate; and, 4) apply the indirect rate to the particular Superfund site in question. Tr. at 268:4-7, 269:13-15, 271:15-17, 272:16-21. 186. The indirect cost pool for the Superfund program includes indirect costs such as rent, electricity, training, management and supervision of employees, and the management and implementation of the Superfund program as a whole. Tr. at 268:4-13. EPA’s direct costs and EPA’s indirect costs associated with other programs besides Superfund, such as EPA’s water program, are excluded from the indirect cost pool. Tr. at 268:14 to 269:1. There is a different indirect cost pool for each region within EPA. Tr. at 269:2-12. 187. The allocation base is the mechanism used to allocate the direct costs associated with the Superfund program to the program’s output, or in this case, Superfund activity. Tr. at 269:16-18, 269:22 to 270:20. Under EPA’s revised methodology, the allocation base is total site-specific costs. Tr. at 269:19-21. 188. Total site-specific costs is a reasonable basis for allocating direct costs because it reflects the magnitude and complexity of all of the Superfund Program’s activities at contaminated sites. Tr. at 270:25 to 271:11. 189. To compute the indirect rate, EPA takes the indirect cost pool and divides it by the allocation base to produce a percentage. Tr. at 271:21 to 272:4. A separate rate for each fiscal year is generated for each regional office within EPA, and that rate applies to all sites in that region. Tr. at 272:14-15. 190. To determine the amount of indirect costs charged to a particular Superfund site, EPA multiplies the indirect rate percentage by the total direct costs for that site. Tr. at 272:16-21. (a) EPA’s Revised Indirect Cost Methodology Satisfies Standard 4 191. EPA’s revised indirect methodology complies with the five requirements of Standard No. 4, because the agency has 1) reported the costs of its Superfund activities on a regular basis; 2) identified organizations that produce major products or services; 3) identified the full costs of producing those products or services; 4) identified inter-entity costs, or costs from other federal organizations that provide products or services to the EPA; and 5) provided a means of identifying all of the agency’s costs so that they can be assigned to outputs. Tr. at 282:2-25, 283:16-19, 588:6-12; Exhibit 415, at 05943-49. 192. EPA’s revised methodology is an appropriate accounting measure of its indirect costs charged to Superfund sites, including the Libby Asbestos Site. Tr. at 293:12-19, 588:9-12. (b) Defendants’ Challenges to EPA’s Revised Methodology Are Unavailing 193. Defendants generally challenge EPA’s revised methodology based on their contention that the revised methodology does not comply with generally accepted accounting principles. Tr. at 464:23 to 465:10, 472:3-12, 484:6-9, 485:7-10, 488:7-10, 488:22-24, 489:6-10. I find Defendants’ arguments unavailing and, specifically, find that the testimony of Defendants’ expert Dale R. Jensen is not credible. i. There Is No One-Size-Fits-All Approach To Indirect Cost Methodologies 194. Standard No. 4 is broad to allow federal agencies maximum flexibility in developing costing methodologies that best suit their agencies. Exhibit 1058, at 06358. This is because different agencies have different objectives, and, therefore, their costing methodologies may vary. Tr. at 589:12 to 590:5. 195. No formal conclusions can be drawn from the fact that EPA and ATSDR use different methodologies to calculate indirect costs. Tr. at 589:12 to 590:1. ii. It Is Appropriate for EPA To Include Indirect Costs of Other Agencies and Contractors in Its Allocation Base 196. It is appropriate for EPA to include the indirect costs of those who have performed services for EPA, and their contractors or subcontractors, in the Superfund program’s allocation base under the revised indirect cost methodology. Tr. at 573:21 to 575:20. All of the Superfund program’s costs, including the indirect costs of those who have performed services for the Superfund program, are necessary to produce the cleanup of contaminated sites. Id. Consequently, these costs are appropriately included as part of the total cost of activity at the site. Id. iii. EPA’s Outputs Are Properly Defined 197. Standard No. 4 states that outputs should represent the products and services being provided by the government organization. Tr. at 262:8-13, 579:9-13. See also Exhibit 1058, at 06388-89. 198. The Superfund program’s outputs are primarily the cleanup of contaminated sites. Tr. at 262:14-17. Management and oversight are part of cleaning up contaminated sites. Tr. at 262:23 to 263:11. 199. Accordingly, EPA’s revised indirect cost methodology complies with Standard No. 4’s requirement that the outputs of the Superfund program be properly defined. Tr. at 579:2-19, 580:7-14. iv. EPA’s Indirect Cost Pool Is Allocated Based on Benefits Received 200. Standard No. 4 states that for indirect costs, it is preferable that they be allocated to outputs on a cause-and-effect basis. Tr. at 580:15 to 582:14. See also Exhibit 1058, at 06407. Identifying the outputs of an organization will result in good allocation of indirect costs. Tr. at 263:12-20. 201. As discussed above, the outputs of EPA’s Superfund program are primarily the cleanup of contaminated sites. Tr. at 262:14-17. Under the revised methodology, EPA uses total site-specific expenditures, or total direct costs, to represent the output of EPA’s Superfund program. Tr. at 269:19-21. 202. Because labor hours are a small part of the total output of the Superfund program, allocating EPA’s indirect cost pool over a base of labor hours would not reflect the benefits received because it does not best represent total activity of the Superfund program. Tr. at 582:25 to 583:9. 203. EPA’s revised methodology for calculating indirect costs does not distort the allocation base because total site-specific expenditures best represent the total activity of the Superfund program, not labor hours. Tr. at 595:21 to 596:6. 204. Because EPA’s indirect cost pool is allocated on a cause-and-effect basis, it complies with Standard No. 4. Tr. at 584:6-10. v. EPA Measures the Full Cost of Its Outputs 205. Standard No. 4 states that government entities should report the full costs of outputs. See Exhibit 1058, at 06388. As applied to the Superfund program, Standard No. 4 requires EPA to measure its full cost of cleaning up contaminated sites. 206. EPA’s revised methodology for calculating indirect costs does not include the costs that third party potentially responsible parties (“PRPs”) incur cleaning up contaminated sites. Tr. at 274:5-8, 584:16-24. Standard No. 4 requires that the EPA measure only the internal costs of its outputs, or, in the context of Superfund, only the costs that the agency incurs in cleaning up contaminated sites. See Exhibit 1058, at 06388. 207. It would be difficult and impractical for the EPA to include PRP cleanup costs in measuring outputs. Tr. at 274:9-19. Even if the agency were able to obtain and track PRP costs, including them in the allocation base would not be a good measure of EPA’s outputs because PRP costs go beyond that which the agency has incurred. Tr. at 585:13-24. Such a measure of outputs would be inconsistent with Standard No. 4. Id. This is true even though indirect costs will vary significantly under EPA’s revised indirect cost methodology depending upon whether EPA or PRPs conduct a cleanup. Tr. at 279:15 to 281:1. 208. EPA’s revised methodology for calculating indirect costs measures the full internal cost of the outputs of the Superfund program. Therefore, the methodology complies with Standard No. 4. Tr. at 585:25 to 586:3. vi. EPA’s Indirect Cost Pool is Homogeneous 209. Standard No. 4 states that costs that have a similar cause-and-effect relationship to outputs can be grouped into cost pools. See Exhibit 1058, at 06407. In accounting terminology, this concept is known as “homogeneity.” Id. 210. Homogeneity can be achieved if all of the activities in an indirect cost pool are similar or if the activities in an indirect cost pool are disparate, as long as their relationship to the output is similar. Exhibit 1058 at 06407; Tr. at 587:1-8. 211. For example, though program costs such as finance, personnel, and legal may be considered disparate, they are homogeneous from an accounting perspective if they have a similar cause-and-effect relationship to the outputs, or, here, the cleanup of contaminated sites. Tr. at 587:15-20. 212. The elements that make up EPA’s ind