DERs shall not be used unless they are acquired by the user source before the compliance period for which the specific DERs are to be used, except in cases where that use is required by the department as part of a compliance plan and that compliance plan stipulates that at the time of use, DER users shall permanently retire additional DERs dedicated to that particular use, such that the amount of DERs required to demonstrate compliance shall equal the source's calculated need divided by an appropriate noncompliance penalty adjustment factor (for example, 0.8).
N.H. Admin. Code § Env-A 3104.02
#6441, EXEMPT, eff 1-21-97