INSTRUCTIONS FOR ADMINISTRATIVE AGENCIES Preparation of Agency Record 1 2025

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The administrative record must include all documents the Department relied on or considered, and only those documents. Each decision, for selection of removal and remedial actions for each operable unit, must have its own administrative record.
This can be simplified into 3 steps: Notice. The notice requirement is accomplished by publishing a Notice of Proposed Rulemaking in the Federal Register. Comments and Consideration. Publication of Final Rule.
Agencies are created through their own organic statutes , which establish new laws, and in doing so, create the respective agencies to interpret, administer , and enforce those new laws. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.
The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
The Administrative Procedure Act (APA) is a federal act that governs the procedures of administrative law . The APA is codified in 5 U.S.C. 551559 . The core pieces of the act establish how federal administrative agencies make rules and how they adjudicate administrative litigation.
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The APA requires that the notice of proposed rulemaking include (1) the time, place, and nature of public rulemaking proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.11
The provisions of the APA apply to all federal agencies, which are defined as any agencies under the authority of the government of the United States, aside from Congress, the courts and the President.
The APA requires most rules to have a 30-day delayed effective date. In addition to setting forth rulemaking procedures, the APA addresses other agency actions such as issuance of policy statements, licenses, and permits.

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