MEMO TO RECORD

DATE: August 1 5 , 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 Fac ilities” (Docket ID EPA- HQOW - 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 EP A’s Section 316(b) record ; see E xhibit 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 Not ice of Data Availability materials 6 -xxxx Phase II final rule materials, public comments on the Phase I I proposed rule, and public comments on the Phase I I NODA 7 -xxxx Phase III proposal materials 8 -xxxx Phase III No tice 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 NODA10 -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 II I 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 I I I proceedings to be comment s 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.