                                MEMO TO RECORD
                                       
DATE:		August 15, 2011
TO:		Record
FROM:		Paul Shriner, EPA
SUBJECT:    Section 316(b) Existing Facility Proposed Rule Record 

In developing the Section 316(b) Existing Facility proposal, EPA relied on materials contained in the dockets for the Phase I, Phase II, and Phase III rules.  The Existing Facility rule docket (Docket ID EPA-HQ-OW-2008-0667) incorporates and includes all materials from:

1) the Phase I hard copy docket "National Pollutant Discharge Elimination System: Regulations Addressing Cooling Water Intake Structures for New Facilities; Final Rule" (paper docket W-00-32)
2) the Phase I docket "National Pollutant Discharge Elimination System - Amendment of Final
Regulations Addressing Cooling Water Intake Structures for New Facilities" (Docket ID EPA-HQ-OW-2002-0052)
3) the Phase II docket "National Pollutant Discharge Elimination System - Regulations To
Establish Requirements for Cooling Water Intake Structures at Phase II Existing Facilities"
(Docket ID EPA-HQ-OW-2002-0049)
4) the Phase III docket "National Pollutant Discharge Elimination System - Regulations To Establish Requirements for Cooling Water Intake Structures at Phase III Facilities" (Docket ID EPA-HQ-OW-2004-0002)

EPA has assigned each Section 316(b) record item a document control number (DCN).  In the
Section 316(b) record, the DCN number is a five digit number, where the first digit is used to identify the rulemaking phase in which the item was first identified, created, or submitted to
EPA's Section 316(b) record; see Exhibit 1.

Exhibit 1: Using the DCN to identify Phases of the Section 316(b) Record
DCN number
Corresponding Section 316(b) Record
1-xxxx 
Phase I proposal materials
2-xxxx 
Phase I Notice of Data Availability (NODA) materials
3-xxxx 
Phase I final rule materials, public comments on the Phase I proposed rule, and public comments on the Phase I NODA
4-xxxx 
Phase II proposal materials
5-xxxx 
Phase II Notice of Data Availability materials
6-xxxx 
Phase II final rule materials, public comments on the Phase II proposed rule, and public comments on the Phase II NODA
7-xxxx 
Phase III proposal materials
8-xxxx 
Phase III Notice of Data Availability materials
9-xxxx 
Phase III final rule materials, public comments on Phase III proposed rule, and public comments on the Phase III NODA
10-xxxx
Reserved for Existing Facility proposal materials
11-xxxx
Reserved for Existing Facility Notice of Data Availability materials
12-xxxx
Reserved for Existing Facility final rule materials, public comments on the Existing Facility proposed rule, and public comments on the Existing Facility NODA

Inclusion of Phase I, Phase II, and Phase III record materials in this Existing Facility Rule docket does not in any way re-open the Phase I, Phase II or Phase III final rules.  The Existing Facility proposal is an entirely separate rulemaking proceeding.  EPA will not consider comments submitted in connection with the Phase I, Phase II or Phase III proceedings to be comments on the Existing Facility proposal.  Members of the public interested in commenting on the Existing Facility proposal must follow the procedures set forth in the Federal Register notice for submission of those comments.


