---
kind: "section"
citation: "40 C.F.R. § 1090.730"
title: "40"
number: "1090.730"
heading: "Credit transfers."
url: "https://uscodex.org/cfr/40/1090.730"
---

# §1090.730. Credit transfers.


A gasoline manufacturer may only transfer or obtain credits from another gasoline manufacturer to meet an average standard specified in subpart C of this part if all applicable requirements of this section are met.

- (a) The credits are generated as specified in [§ 1090.725](/cfr/40/1090.725.md) and reported as specified in [§ 1090.905](/cfr/40/1090.905.md).
- (b) The credits are used for compliance in accordance with the limitations on credit use specified in [§ 1090.720(c)](/cfr/40/1090.720.md?p=c).
- (c) Any credit transfer must take place no later than the deadline specified in [§ 1090.900(c)](/cfr/40/1090.900.md?p=c) following the compliance period in which the credits are obtained.
- (d) **The credit has not been transferred between EPA registered companies more than twice.** The first transfer by the gasoline manufacturer that generated the credit (“transferor”) must only be made to a gasoline manufacturer that intends to use the credit (“transferee”). If the transferee is unable to use the credit, it may make the second, and final, transfer only to a gasoline manufacturer that intends to use the credit. Intracompany credit transfers are unlimited.
- (e) The transferor must apply any credits necessary to meet the transferor's applicable average standard before transferring credits to any other gasoline manufacturer.
- (f) No person may transfer credits if the transfer would cause them to incur a compliance deficit under [§ 1090.715](/cfr/40/1090.715.md).
- (g) Unless the transferor and transferee are the same party (i.e., intracompany transfers), the transferor must supply to the transferee records as specified in [§ 1090.1210(g)](/cfr/40/1090.1210.md?p=g) indicating the year(s) the credits were generated, the identity of the gasoline manufacturer that generated the credits, and the identity of the transferring party.
- (h) The transferor and the transferee must submit reports to EPA that include all information regarding the transaction as specified in [§ 1090.905](/cfr/40/1090.905.md) using forms and procedures specified by EPA.

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4352, Jan. 15, 2025]

### Authority

Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543, 7545, 7547, 7550, and 7601.

### Source

Source: 85 FR 78469, Dec. 4, 2020, unless otherwise noted.

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4352, Jan. 15, 2025]