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May I generate RINs that I produced and sold for non-road use in the past so that I can reinstate those RINs under RFS2?

See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help.

Section 80.1426(c)(2) provides that RINs are assigned to a volume of renewable fuel when ownership of the RIN is transferred along with ownership of the volume of renewable fuel.

A comparable provision appear in the RFS1 regulations, at §80.1126(e)(2). Thus, a party may not generate RINS for renewable fuel produced and transferred to another party in the past in order to retire RINs and then reinstate them under RFS2.

You may only reinstate RINs that were generated in 2009 and 2010 that were retired for non-motor vehicle, heating oil or jet fuel use.