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-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

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.