The commission shall modify a proposed or issued order if the hearing record shows that:
  (1) construction and emissions otherwise precluded under the Texas Clean Air Act are essential to prevent loss of life, serious injury, severe property damage, loss of a critical transportation thoroughfare, or severe economic loss not attributable to the applicant's actions and are necessary for the addition, replacement, or repair of facilities or control equipment, or repair or replacement of roads, bridges, or other infrastructure, that is necessitated by a catastrophe;
  (2) there is no practicable alternative to such construction and emissions; and
  (3) modification of certain terms of the proposed or issued order is necessary to make the order, construction, and/or emissions meet the requirements stated in §35.807 of this title (relating to Affirmation of an Emergency Order).

Source Note: The provisions of this §35.808 adopted to be effective December 10, 1998, 23 TexReg 12413; amended to be effective July 20, 2006, 31 TexReg 5642