The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment. In making a determination as to whether the criteria selected by the participant and remedial actions in a proposed response action plan protect public health and the environment, the Department shall consider whether the eligible property is: Located in an industrial area and used for industrial purposes; Located in a residential area and used for industrial purposes; or Located in a residential area and used for residential purposes or other purposes that require unlimited public access. The failure of the Department to adopt final regulations under this subtitle may not prevent the Department from approving a response action plan on an individual plan basis.