(a) The adoption of the minimum hazard threshold pursuant to subdivision (b) of Section 78765, the department’s development and publication of the list of sites pursuant to Section 78760, and the assignment of sites to a tier pursuant to Section 78770, including the classification of a site as within a minimum threshold pursuant to Section 78770, are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The adoption of the criteria used by the department pursuant to Section 78760 to determine the extent to which deferral of a response action at a site will result, or is likely to result, in a rapid increase in response costs at a site or in a significant increase in risk to human health or safety or the environment is subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.