Pursuant to §80.1429(g), any 2009 RINs that were retired for non-motor vehicle, heating oil or jet fuel use under RFS1 may be reinstated under RFS2. The regulations do not allow 2008 RINs to be reinstated.

Since RFS1 RINs generated in 2010 could also have been retired, we intend to propose an amendment to §80.1429(g) to explicitly allow 2010 RFS1 RINs to also be reinstated. In any case, no party may reinstate RINs prior to the effective date of the RFS2 regulations on July 1, 2010.