Q620. Will the proposed amendments to subpart W issued on June 20, 2011 that delay the due date for BAMM extension requests to December 31, 2011 be finalized before the existing deadline in the rule of July 31, 2011?

A620. You are correct that on April 25, 2011, EPA finalized a rule extending the deadline for submission of a request to use BAMM until July 31, 2011 (76 FR 22825).  On June 27, 2011, a proposed rule was published in the Federal Register that would allow automatic use of BAMM for the entire 2011 reporting year for emissions sources covered under subpart W (Petroleum and Natural Gas Systems) without seeking approval from EPA (76 FR 37300).  The public comment period for the proposed rule will be open through July 27, 2011.  Given the timing necessary to consider public comment and finalize the rule, EPA will not be able to promulgate the final rule by July 31, 2011.  Please note that 40 CFR 98.234(f)(1) indicates that "If the reporter anticipates the potential need for best available monitoring for sources for which they need to petition EPA and the situation is unresolved at the time of the deadline, reporters should submit written notice of this potential situation to EPA by the specified deadline for requests to be considered."  EPA agrees that as of July 31, 2011, the circumstances surrounding the applicability of the deadline will be "unresolved" and that submitting a notification of intent would satisfy the rule requirements.