(1) Remedy selection and implementation of remedial actions under department approved work plans set forth in ECL article 56, title 5 are not subject to review set forth in ECL article 8 and its implementing regulation (6 NYCRR Part 617), provided that design and implementation of the remedy do not:

(2) In the event that the use of the site, as set forth in the record of decision for the site, changes during the implementation of the remedial program, the department may make a new determination whether such remedial action remains protective of public health and the environment and, if the department makes such a finding, it will require that the remedial action be modified to be protective of public health and the environment.

(3) The exemption set forth in this subdivision is in addition to, and not in place of, other exemptions that apply as set forth in Parts 617 or 618 of this Title (e.g., the enforcement exemption).