In addition to the criteria provided in § 31:02:01:01, an applicant seeking a grant from the ethanol infrastructure incentive program for an activity described in subdivisions 31:02:01:02(1) to (4), inclusive, must meet the following criteria:

1. (1) The project must be physically located in this state or directed toward end users in this state;
2. (2) The project must demonstrate a likelihood of increasing the use of ethanol in this state or increasing consumer knowledge of ethanol;
3. (3) If applicable, the project must utilize existing technologies proven to be reliable;
4. (4) The project must meet state air, water quality, and other environmental protection standards; and

5. (5) For projects involving the installation of ethanol blender pumps:

   1. (a) The ethanol blender pump may not allow an end user to receive an ethanol blend percentage other than that designated by the end user;
   2. (b) The ethanol blender pump must provide the end user with blends of ten percent ethanol, fifteen percent ethanol or more, and twenty-five percent ethanol or more;
   3. (c) The ethanol blender pump must be compatible with related infrastructure, including storage and piping systems; and
   4. (d) The ethanol blender pump must comply with all applicable alternative fuel, biofuel, and flexible fuel requirements established by law.

Source: 38 SDR 115, effective January 9, 2012 ; 52 SDR 49, effective November 17, 2025 .

General Authority: SDCL 10-47B-164.1 , 10-47B-164.2 .

Law Implemented: SDCL 10-47B-164.1 .

Prior versions effective: 2012-01-09.