40 C.F.R. § 80.1428

General requirements for RIN distribution

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(a) RINs assigned to volumes of renewable fuel or RNG. (1) Except as provided in §§ 80.1429 and 80.125(d), no person can separate a RIN that has been assigned to a volume of renewable fuel or RNG pursuant to §§ 80.1426(e) and 80.125(c), as applicable.

(2) An assigned RIN with a K code of 1 cannot be transferred to another person without simultaneously transferring a volume of renewable fuel to that same person.

(3) Assigned gallon-RINs with a K code of 1 or 3 can be transferred to another person based on the following:

(i) No more than 2.5 assigned gallon-RINs with a K code of 1 can be transferred to another person with every gallon of renewable fuel transferred to that same person.

(ii) For RNG, the transferor of assigned RINs with a K code of 3 must transfer RINs under § 80.125(c).

(4) Any transfer of ownership of assigned RINs must be documented on product transfer documents generated pursuant to § 80.1453.

(i) The RIN must be recorded on the product transfer document used to transfer ownership of the volume of renewable fuel or a volume of RNG to another person; or

(ii) The RIN must be recorded on a separate product transfer document transferred to the same person on the same day as the product transfer document used to transfer ownership of the volume of renewable fuel or a volume of RNG.

(b) RINs separated from volumes of renewable fuel or RNG.

(1) Unless otherwise specified, any person that has registered pursuant to § 80.1450 can own a separated RIN.

(2) Separated RINs can be transferred any number of times.

(c) RIN expiration. Except as provided in § 80.1427(a)(7), a RIN is valid for compliance during the calendar year in which it was generated, or the following calendar year. Any RIN that is not used for compliance purposes for the calendar year in which it was generated, or for the following calendar year, will be considered an expired RIN. Pursuant to § 80.1431(a), an expired RIN will be considered an invalid RIN and cannot be used for compliance purposes.

(d) Any batch-RIN can be divided into multiple batch-RINs, each representing a smaller number of gallon-RINs, if all of the following conditions are met:

(1) All RIN components other than SSSSSSSS and EEEEEEEE are identical for the original parent and newly formed daughter RINs.

(2) The sum of the gallon-RINs associated with the multiple daughter batch-RINs is equal to the gallon-RINs associated with the parent batch-RIN.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 87 FR 39664, July 1, 2022; 88 FR 44584, July 12, 2023; 91 FR 16492, Apr. 1, 2026]

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2018–2026 · leading case: Ergon-W. Va., Inc. v. U.S. Envtl. Prot. Agency, 896 F.3d 600 (4th Cir. 2018).

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Ergon-W. Va., Inc. v. U.S. Envtl. Prot. Agency, 896 F.3d 600 (4th Cir. 2018). “See 40 C.F.R. §§ 80.1428 , 80.1460(c)(1) ; see also 42 U.”

Wynnewood Refining Co., LLC v. EPA, 77 F.4th 767 (D.C. Cir. 2023). “at 5,698-99; 40 C.F.R. § 80.1428 (c); RTC 19 (EPA Response) (J.”

Coffeyville Resources Refining & Mktg., LLC v. EPA (D.C. Cir. 2019). “Obligated parties who have more RINs than they need may sell or trade their excess, 40 C.F.R. § 80.1428 (b), or they may “bank” those RINs for use to meet up to 20 percent of their obligations for the following compliance year, Monroe Energy, 750 F.”

Alon Refining Krotz Springs, Inc. v. EPA (D.C. Cir. 2026). “” 40 C.F.R. § 80.1428 (c). That means any 2024 RINs returned to Petitioners on remand can be used only for 2024 or 2025 compliance obligations.”

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