74522 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 

Transmission Company 

G–19. 

Omitted 

G–20. 

Omitted 

G–21. 

RP04–110–002, El Paso Natural Gas 

Company 

RP04–110–001, El Paso Natural Gas 

Company 

RP00–336–014, El Paso Natural Gas 

Company 

RP00–336–018, El Paso Natural Gas 

Company 

RP00–336–019, El Paso Natural Gas 

Company 

RP00–336–020, El Paso Natural Gas 

Company 

RP00–336–025, El Paso Natural Gas 

Company 

RP04–251–000, El Paso Natural Gas 

Company 

G–22. 

RP04–249–002, AES Ocean Express 

LLC v. Florida Gas Transmission 

Company 

G–23. 

RP98–52–055, Southern Star Central 

Gas Pipeline Inc. 

G–24. 

Omitted 

G–25. 

RP03–281–004, Columbia Gas 

Transmission Corporation 

Energy Projects—Hydro 

H–1. 

P–2543–063, Clark Fork and 

Blackfoot, LLC 

H–2. 

P–309–042, Reliant Energy MidAtlantic Power Holdings, LLC 

H–3. 

P–2835–012, New York State Electric 

and Gas Corporation 

H–4. 

P–2016–092, City of Tacoma, 

Washington 

P–2016–073, City of Tacoma, 

Washington 

H–5. 

P–516–399, South Carolina Electric 

and Gas Company 

H–6. 

P–2100–130, Baiocchi Family v. 

California Department of Water 

Resources 

P–2426–190, Baiocchi Family v. 

California Department of Water 

Resources 

H–7. 

P–1971–094, Idaho Power Company 

H–8. 

P–6132–010, John C. Jones 

H–9. 

P–516–390, South Carolina Electric 

and Gas Company 

H–10. 

P–2188–097, PPL Montana, LLC 

Energy Projects—Certificates 

C–1. 

CP04–343–000, Paiute Pipeline 

Company 

CP04–343–001, Paiute Pipeline 

Company 

CP04–343–002, Paiute Pipeline 

Company 

C–2. 

CP04–47–000, Sabine Pass LNG, L.P. 

CP04–38–000, Cheniere Sabine Pass 

Pipeline Company 

CP04–38–001, Cheniere Sabine Pass 

Pipeline Company 

CP04–39–000, Cheniere Sabine Pass 

Pipeline Company 

CP04–40–000, Cheniere Sabine Pass 

Pipeline Company 

C–3. 

CP04–345–001, Cheyenne Plains Gas 

Pipeline Company, L.L.C. 

CP03–302–000, Cheyenne Plains Gas 

Pipeline Company, L.L.C. 

CP03–302–001, Cheyenne Plains Gas 

Pipeline Company, L.L.C.

Magalie R. Salas, 

Secretary.

The Capitol Connection offers the 

opportunity for remote listening and 

viewing of the meeting. It is available 

for a fee, live over the Internet, via CBand Satellite. Persons interested in 

receiving the broadcast, or who need 

information on making arrangements 

should contact David Reininger or Julia 

Morelli at the Capitol Connection (703–

993–3100) as soon as possible or visit 

the Capitol Connection Web site at 

http://www.capitolconnection.gmu.edu

and click on ‘‘FERC’’.

[FR Doc. 04–27399 Filed 12–09–04; 5:07 pm] 

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

Notice of Meeting, Notice of Vote, 

Explanation of Action Closing Meeting 

and List of Persons To Attend 

December 8, 2004. 

The following notice of meeting is 

published pursuant to section 3(a) of the 

Government in the Sunshine Act (Pub. 

L. No. 94–409), 5 U.S.C. 552b:

AGENCY HOLDING MEETING: Federal 

Energy Regulatory Commission.

DATE AND TIME: December 15, 2004 

(Within a relatively short time after the 

Commission’s open meeting on 

December 15, 2004).

PLACE: Room 3M 4A/B, 888 First Street, 

NE., Washington, DC 20426.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Non-Public 

Investigations and Inquiries, 

Enforcement Related Matters, and 

Security of Regulated Facilities.

CONTACT PERSON FOR MORE INFORMATION:

Magalie R. Salas, Secretary, Telephone 

(202) 502–8400. 

Chairman Wood and Commissioners 

Brownell, Kelliher, and Kelly voted to 

hold a closed meeting on December 15, 

2004. The certification of the General 

Counsel explaining the action closing 

the meeting is available for public 

inspection in the Commission’s Public 

reference Room at 888 First Street, NW., 

Washington, DC 20426. 

The Chairman and the 

Commissioners, their assistants, the 

Commission’s Secretary and her 

assistant, the General Counsel and 

members of her staff, and a stenographer 

are expected to attend the meeting. 

Other staff members from the 

Commission’s program offices who will 

advise the Commissioners in the matters 

discussed will also be present.

Magalie R. Salas, 

Secretary.

[FR Doc. 04–27400 Filed 12–9–04; 5:07 pm] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7846–4] 

Water Pollution Control; State Program 

Requirements; Program Modification 

Application by Ohio To Administer the 

Sewage Sludge Management Program

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of application and public 

comment period. 

SUMMARY: Pursuant to 40 CFR 123.62 

and 40 CFR part 501, the State of Ohio 

has submitted a program modification 

application to EPA, Region 5 to 

administer and enforce a sewage sludge 

management program. Specifically, the 

State is seeking approval of a sewage 

sludge management program which 

addresses the land application of 

sewage sludge, surface disposal of 

sewage sludge, and the landfilling of 

sewage sludge. Ohio is not seeking 

approval of the land application of 

domestic septage. Also, Ohio is not 

seeking approval for the incineration of 

sewage sludge at this time, but will in 

the future. Ohio will seek approval for 

the incineration of sewage sludge when 

their current draft administrative rules 

for incineration of sewage sludge are 

adopted. The State’s sewage sludge 

management program will not extend to 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74523

‘‘Indian Country’’ as defined in 18 

U.S.C. 1151, and will not include lands 

within the exterior boundaries of Indian 

reservations within or abutting the State 

of Ohio. According to the State’s 

application, this program would be 

administered by the Ohio 

Environmental Protection Agency (Ohio 

EPA). 

The application from Ohio is 

complete and is available for inspection 

and copying. Public comments are 

requested and encouraged.

DATES: The public comment period on 

the State’s request for approval to 

administer the proposed Ohio NPDES 

sewage sludge management program 

will be from the date of publication 

until January 28, 2005. Comments 

postmarked after this date may not be 

considered.

ADDRESSES: Viewing/Obtaining Copies 

of Documents. You can view Ohio’s 

application for modification from 8:00 

a.m. until 4 p.m. (Eastern time zone) 

Monday through Friday, excluding 

holidays, at the Ohio EPA, Lazarus 

Government Center, Division of Surface 

Water, 122 S. Front St., Columbus, Ohio 

43215, contact Suzanne Matz (614) 644–

2034; Ohio EPA Southeast District 

Office, 2195 Front Street, Logan, Ohio 

43138, contact Jeanne Chapman (740) 

380–5425; Ohio EPA Southwest District 

Office, 401 E. Fifth St., Dayton, Ohio 

45402–2911, contact Sally Brown (937) 

285–6025; Ohio EPA Northwest District 

Office, 347 N. Dunbridge Rd., Bowling 

Green, Ohio 43402, contact Megan Carr 

(419) 373–3003; and, Ohio EPA 

Northeast District Office, 2110 E. Aurora 

Rd., Twinsburg, Ohio 44087, contact 

Lily Aaron (330) 963–1200 extension 

129. A copy of Ohio’s application for 

modification is also available for 

viewing from 9 am to 4 pm, Monday 

through Friday, excluding legal 

holidays, at EPA Region 5, 16th floor, 

NPDES Programs Branch, 77 West 

Jackson Blvd., Chicago, IL 60604. Part or 

all of the State’s application may be 

copied, for a minimal cost per page, at 

Ohio EPA’s offices or EPA’s office in 

Chicago. Ohio EPA’s submission 

documents are also available on the 

Internet at: http://www.epa.state.oh.us/

dsw/sludge/biosolid.html. 

Comments. Electronic comments are 

encouraged and should be submitted to 

colletti.john@epa.gov. Please send a 

copy to suzanne.matz@epa.state.oh.us. 

Written comments may be sent to John 

Colletti (WN–16J), EPA, Region 5, 77 

West Jackson Blvd., Chicago, IL 60604. 

Please send an additional copy to Ohio 

EPA, Attn: Suzanne Matz, Permits and 

Compliance Section, P.O. Box 1049, 

Columbus, OH 43216–1049. Public 

comments may be sent in either 

electronic or paper format. EPA requests 

that electronic comments include the 

commentor’s postal mailing address. No 

Confidential Business Information (CBI) 

should be submitted through e-mail. 

Comments and data will also be 

accepted on disks in WordPerfect 9.0 

format or Microsoft Word format. If 

submitting comments in paper format, 

please submit the original and three 

copies of your comments and 

enclosures. Commentors who want EPA 

to acknowledge receipt of their 

comments should enclose a selfaddressed stamped envelope.

FOR FURTHER INFORMATION CONTACT: John 

Colletti at (312) 886–6106, or by e-mail 

at colletti.john@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document ‘‘we,’’ ‘‘us,’’

or ‘‘our’’ means EPA.

Table of Contents 

I. Background 

II. Sewage Sludge and the State Sewage 

Sludge Management Program 

III. Indian Country 

IV. Public Notice and Comment Procedures 

V. Public Hearing Procedures 

VI. EPA’s Decision 

VII. Other Federal Statutes 

A. National Historic Preservation Act 

B. Endangered Species Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act

I. Background

Under section 402 of the Clean Water 

Act (CWA), 33 U.S.C. 1342, EPA may 

issue permits allowing discharges of 

pollutants from point sources into 

waters of the United States, subject to 

various requirements of the CWA. These 

permits are known as National Pollutant 

Discharge Elimination System (NPDES) 

permits. Section 402(b) of the CWA, 33 

U.S.C. 1342(b), allows states to apply to 

EPA for authorization to administer 

their own NPDES permit programs. 

Section 405 of the Clean Water Act 

(CWA), 33 U.S.C. 1345, created the 

Federal sewage sludge management 

program, requiring EPA to set standards 

for the use and disposal of sewage 

sludge and requiring EPA to include 

sewage sludge conditions in some of the 

NPDES permits which it issues. The 

rules developed under section 405(d) 

are also self-implementing, and the 

standards are enforceable whether or 

not a permit has been issued. Section 

405(c) of the CWA provides that a state 

may submit an application to EPA for 

administering its own sewage sludge 

program within its jurisdiction. EPA is 

required to approve each such 

submitted state program unless EPA 

determines that the program does not 

meet the requirements of sections 304(i) 

and/or 402(b) and 405 of the CWA or 

the EPA regulations implementing those 

sections. To obtain such approval, the 

state must show, among other things, 

that it has authority to issue permits 

which comply with the Act, authority to 

impose civil and criminal penalties for 

permit violations, and authority to 

ensure that the public is given notice 

and opportunity for a hearing on each 

proposed permit. The requirements for 

state sewage sludge management 

program approval are listed in 40 CFR 

part 501. 

The Ohio NPDES program was 

approved by EPA on March 11, 1974. 

EPA received the sewage sludge 

management program application from 

Ohio on May 28, 2004. Ohio’s 

application for the sewage sludge 

management program approval contains 

a letter from the Governor requesting 

program approval, an Attorney 

General’s Statement, copies of pertinent 

State statutes and regulations, a Program 

Description, and a Memorandum of 

Agreement (MOA) to be executed by the 

Regional Administrator of EPA, Region 

5 and the Director of Ohio EPA. The 

State, based on comments from EPA, 

submitted a revision of its Program 

Description and MOA, which EPA 

received on September 28, 2004. 

The Governor’s letter of May 12, 2004, 

requested that EPA approve the State’s 

sewage sludge management program as 

a modification to their NPDES program. 

The Attorney General’s Statement 

includes citations to specific statutes, 

administrative rules, and judicial 

decisions which demonstrate adequate 

authority to carry out the State’s sewage 

sludge management program. State 

statutes and regulations cited in the 

Attorney General’s Statement are also 

included in the application. 

The Program Description includes a 

description of the scope and 

organizational structure of the sewage 

sludge management program, including 

a description of the general duties and 

the total number of state staff carrying 

out the program, a description of 

applicable State procedures, including 

permitting procedures, and 

administrative and judicial review 

procedures, and a description of the 

State’s compliance tracking and 

enforcement program. It also includes 

an inventory of the facilities that are 

subject to regulations promulgated 

pursuant to 40 CFR part 503 and subject 

to the State’s sewage sludge 

management program. 

The proposed amendments to the 

Ohio EPA/EPA MOA include provisions 

for permit administration, enforcement 

and compliance monitoring, and annual 

reporting. The MOA has been signed by 

74524 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 

the Director of Ohio EPA and will 

become effective upon the signature of 

the Regional Administrator of EPA, 

Region 5. The MOA does not limit the 

authority of EPA to take actions 

pursuant to its powers under the CWA, 

nor does it limit EPA’s oversight 

responsibilities with respect to sewage 

sludge management program 

administration. 

II. Sewage Sludge and the State Sewage 

Sludge Management Program 

Sewage sludge, are the solids 

separated from liquids during treatment 

at a municipal wastewater treatment 

plant and treated to stabilize and reduce 

pathogens. EPA in 1993 adopted 

standards for management of sewage 

sludge generated during the process of 

treating municipal wastewater. 40 CFR 

part 503. The part 503 rules establish 

standards under which sewage sludge 

may be land applied as a soil 

amendment, disposed in a surface 

disposal site, or incinerated, and 

requirements for compliance with 40 

CFR part 258 if placed in a municipal 

landfill. The standards, designed to 

protect public health and the 

environment, include pollutant limits, 

pathogen reduction requirements, vector 

attraction reduction requirements, and 

management practices specific to the 

use or disposal option selected. 

The Ohio sewage sludge management 

program imposes requirements on 

wastewater treatment plants, sewage 

sludge appliers, and surface disposal 

site operators. It also provides for the 

issuance of permits under certain 

conditions, enforcing the standards as 

necessary, and providing guidance and 

technical assistance to members of the 

regulated community. The program also 

includes a state-specific feature 

requiring a land applier to obtain site 

authorization from Ohio EPA before 

class B treated sewage sludge is applied 

to the site. 

III. Indian Country 

Ohio is not authorized to carry out its 

sewage sludge management program in 

‘‘Indian Country,’’ as defined in 18 

U.S.C. 1151. Indian Country includes:

1. All lands within the exterior 

boundaries of Indian reservations 

within or abutting the State of Ohio; 

2. Any land held in trust by the U.S. 

for an Indian tribe; and 

3. Any other land, whether on or off 

an Indian reservation that qualifies as 

Indian Country. 

Therefore, this action has no effect on 

Indian Country. EPA retains the 

authority to implement and administer 

the sewage sludge management program 

in Indian Country. However, at this 

time, there is no Indian Country within 

the State of Ohio. 

IV. Public Notice and Comment 

Procedures 

Copies of all submitted statements 

and documents shall become a part of 

the record submitted to EPA. All 

comments or objections presented in 

writing to EPA, Region 5 and 

postmarked within 45 days of this 

document will be considered by EPA 

before it takes final action on Ohio’s 

request for program modification 

approval. All written comments and 

questions regarding the sewage sludge 

management program should be 

addressed to John Colletti at the above 

address. The public is also encouraged 

to notify anyone who may be interested 

in this matter. 

V. Public Hearing Procedures 

At the time of this notice, a decision 

has not been made as to whether a 

public hearing will be held on Ohio’s 

request for program modification. 

During the comment period, any 

interested person may request a public 

hearing by filing a written request 

which must state the issues to be raised 

to EPA, Region 5. The last day for filing 

a request for a public hearing is 45 days 

from the date of this notice; the request 

should be submitted to John Colletti at 

the above address. In appropriate cases, 

including those where there is 

significant public interest, EPA may 

hold a public hearing. Public notice of 

such a hearing will occur in the Federal 

Register and in enough of the largest 

newspapers in Ohio to provide 

statewide coverage and will be mailed 

to interested persons at least 30 days 

prior to the hearing. 

VI. EPA’s Decision 

EPA has determined that Ohio has 

submitted a complete application. EPA 

sent a letter to the Director of the Ohio 

EPA on November 9, 2004, stating that 

the State’s application to modify the 

Ohio NPDES program to include a 

sewage sludge management program 

was complete. EPA has 90 days from the 

date of that letter to approve or 

disapprove Ohio’s sewage sludge 

management program unless a public 

hearing is held. After the close of the 

public comment period, EPA will 

consider and respond to all significant 

comments received before taking final 

action on Ohio’s request for sewage 

sludge management program approval. 

The decision will be based on the 

requirements of sections 405, 402 and 

304(i) of the CWA and EPA regulations 

promulgated thereunder. If the Ohio 

sewage sludge management program is 

approved, EPA will so notify the State. 

Notice will be published in the Federal 

Register and, as of the date of program 

approval, EPA will no longer serve as 

the primary program and enforcement 

authority for sewage sludge use and 

disposal within Ohio. EPA will remain 

the authority for sewage sludge use and 

disposal in Indian Country within Ohio 

should a Tribe become recognized, for 

the incineration of sewage sludge, and 

for the land application of domestic 

septage. The State’s program will 

operate in lieu of the EPA-administered 

program. However, EPA will retain the 

right, among other things, to object to 

NPDES permits proposed by Ohio and 

to take enforcement actions for 

violations, as allowed by the CWA. If 

EPA disapproves Ohio’s sewage sludge 

management program, EPA will notify 

Ohio of the reasons for disapproval and 

of any revisions or modifications to the 

State program that are necessary to 

obtain approval. 

VII. Other Federal Statutes 

A. National Historic Preservation Act 

Section 106 of the National Historic 

Preservation Act, 16 U.S.C. 470(f), 

requires federal agencies to take into 

account the effects of their undertakings 

on historic properties and to provide the 

Advisory Council on Historic 

Preservation (ACHP) an opportunity to 

comment on such undertakings. Under 

the ACHP’s regulations (36 CFR part 

800), agencies consult with the 

appropriate State Historic Preservation 

Officer (SHPO) on federal undertakings 

that have the potential to affect historic 

properties listed or eligible for listing in 

the National Register of Historic Places. 

EPA, Region 5 is currently in 

discussions with the Ohio SHPO 

regarding its determination that 

approval of the state sewage sludge 

management program would have no 

effect on historic properties within the 

State of Ohio. 

B. Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act (ESA) requires that all 

federal agencies, in consultation with 

the U.S. Fish and Wildlife Service, 

insure that any actions they authorize, 

fund, or carry out are not likely to 

jeopardize the continued existence of 

any Federally-listed threatened or 

endangered species or result in the 

destruction or adverse modification of 

their designated critical habitat. 

Regulations for consultation under ESA 

section 7 are codified at 50 CFR part 

402. EPA, Region 5 has initiated 

informal ESA section 7 consultation 

with the U.S. Fish and Wildlife Service 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74525

regarding Ohio’s request for approval of 

its sewage sludge management program.

C. Regulatory Flexibility Act 

Based on General Counsel Opinion 

78–7 (April 18, 1978), EPA has long 

considered a determination to approve 

or deny a State Clean Water Act (CWA) 

program submission to constitute an 

adjudication because an ‘‘approval,’’

within the meaning of the 

Administrative Procedure Act (APA), 

constitutes a ‘‘licence,’’ which, in turn, 

is the project of an ‘‘adjudication.’’ For 

this reason, the statutes and Executive 

Orders that apply to rulemaking action 

are not applicable here. Among these 

are provisions of the Regulatory 

Flexibility Act (RFA), 5 U.S.C. 601 et 

seq. Under the RFA, whenever a Federal 

agency proposes or promulgates a rule 

under section 553 of the APA, after 

being required by that section or any 

other law to publish a general notice of 

proposed rulemaking, the Agency must 

prepare a regulatory flexibility analysis 

for the rule, unless the Agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. If the Agency 

does not certify the rule, the regulatory 

flexibility analysis must describe and 

assess the impact of a rule on small 

entities affected by the rule. Even if the 

CWA program approval were a rule 

subject to the RFA, the Agency would 

certify that approval of the State 

proposed CWA program would not have 

a significant economic impact on a 

substantial number of small entities. 

EPA’s action to approve a CWA program 

merely recognizes that the necessary 

elements of the program have already 

been enacted as a matter of State law; it 

would, therefore, impose no additional 

obligation upon those subject to the 

State’s program. Accordingly, the 

Regional Administrator would certify 

that this Ohio sewage sludge 

management program, even if a rule, 

would not have significant economic 

impact on a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. Today’s 

decision includes no Federal mandates 

for State, local or tribal governments or 

the private sector. The Act excludes 

from the definition of a ‘‘Federal 

mandate’’ duties that arise from 

participation in a voluntary Federal 

program, except in certain cases where 

a ‘‘Federal intergovernmental mandate’’

affects an annual Federal entitlement 

program of $500 million or more which 

are not applicable here. Ohio’s request 

for approval of its sewage sludge 

management program is voluntary and 

imposes no Federal mandate within the 

meaning of the Act. Rather, by having 

its sewage sludge management program 

approved, the State will gain the 

authority to implement the program 

within its jurisdiction, in lieu of EPA, 

thereby eliminating duplicative State 

and Federal requirements. If a State 

chooses not to seek authorization for 

administration of a sewage sludge 

management program, regulation is left 

to EPA. EPA’s approval of State 

programs generally may reduce 

compliance costs for the private sector, 

since the State, by virtue of the 

approval, may now administer the 

program in lieu of EPA and exercise 

primary enforcement. Hence, owners 

and operators of sewage sludge 

management facilities or businesses 

generally no longer face dual Federal 

and State compliance requirements, 

thereby reducing overall compliance 

costs. Thus, today’s decision is not 

subject to the requirements of sections 

202 and 205 of the UMRA. The Agency 

recognizes that small governments may 

own and/or operate sewage sludge 

management facilities that will become 

subject to the requirements of an 

approved State sewage sludge 

management program. However, small 

governments that own and/or operate 

sewage sludge management facilities are 

already subject to the requirements in 

40 CFR parts 123 and 503 and are not 

subject to any additional significant or 

unique requirements by virtue of this 

program approval. Once EPA authorizes 

a State to administer its own sewage 

sludge management program and any 

revisions to that program, these same 

small governments will be able to own 

and operate their sewage sludge 

management facilities or businesses 

under the approved State program, in 

lieu of the federal program. Therefore, 

EPA has determined that this document 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments.

Authority for parts 123 and 501: Clean 

Water Act, 33 U.S.C. 1251 et seq.

Dated: November 23, 2004. 

Norman Niedergang, 

Acting Regional Administrator, Region 5.

[FR Doc. 04–27365 Filed 12–13–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Open 

Commission Meeting Wednesday, 

December 15, 2004 

December 8, 2004. 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on 

Wednesday, December 15, 2004, which 

is scheduled to commence at 9:30 a.m. 

in Room TW–C305, at 445 12th Street, 

SW., Washington, DC.