Chevron U.S.A., Inc., a California Corporation v. United States Environmental Protection Agency

Chevron U.S.A. Inc. (Chevron) petitions for review of a final order of the United States Environmental Protection Agency (EPA) establishing upper limits for the discharge of water-borne oil and grease from offshore oil facilities operated by Chevron. The EPA acted pursuant to sections 301, 304 and 402 of the Clean Water Act (Act), 33 U.S.C. §§ 1311 , 1314, 1342. Chevron brings the petition pursuant to 33 U.S.C. § 1369 (b)(1). However, we hold that the petition is time-barred under that section; therefore, we deny the petition.

I

On August 8, 1979, the EPA issued a National Pollutant Discharge Elimination System (NPDES) permit to Chevron to operate certain oil extraction facilities in the Santa Barbara Channel. Pursuant to the Act, the permit limited discharge of oil and grease from the facility to a maximum daily level of 72 mg/1. In 1982, pursuant to the NPDES permit, Chevron began production of oil and gas at its Platform Grace facility. Soon afterward, Chevron observed unexpectedly high levels of oil and grease discharge. After studying the problem, Chevron concluded that certain aspects of oil and grease discharge had not been included in prior estimations of ex pected…