The commission shall affirm a proposed or issued order if the applicant shows at the hearing, by a preponderance of the evidence, that:

1. (1) the proposed construction and emissions are essential to prevent loss of life, serious injury, severe property damage, 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 that is necessitated by a catastrophe;
2. (2) there are no practicable alternatives to the proposed construction and emissions;
3. (3) the emissions will not cause or contribute to a condition of air pollution;
4. (4) any construction or modification will not interfere with the attainment or maintenance of national ambient air quality standards or violate applicable portions of the control strategy; and

5. (5) the proposed construction or emissions will occur only:

   1. (A) at property where the catastrophe occurred; or
   2. (B) at other property owned by the owner or operator of the damaged facility which produces the same intermediates, products, or by-products, so long as there will be no more than a de minimis increase in the predicted concentration of the air contaminants at or beyond the property line at such other property;
6. (6) the time limits in the order for the beginning and completion of the proposed construction and emissions are reasonable; and
7. (7) the schedule in the order for submission of a complete permit application is reasonable.

Source Note:The provisions of this §35.807 adopted to be effective December 10, 1998, 23 TexReg 12413.