(a) An agency may deliver a final regulation as an emergency certified regulation, under section 6(d) of the act (71 P. S. § 745.6(d)), in either of the following situations:

1. (1) The Attorney General certifies that the regulation is required to satisfy the order of a State or Federal court, or to implement the provisions of a Federal statute or regulation.
2. (2) The Governor certifies that the regulation is required to avoid an emergency which may threaten the public health, safety or welfare, cause a budget deficit or create the need for supplemental or deficiency appropriations of greater than $1 million.