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The rules ultimately adopted by an agency must be a logical outgrowth of the proposal, the final rule may not materially alter the issues involved in rulemaking, and the final rule may not substantially depart from the proposal. 


The Administrative Procedure Act ('APA') governs judicial review of final regulations promulgated under RCRA. 42 U.S.C. § 6976 (1976) (citing 5 U.S.C. §§ 701-706). In issuing regulations, an agency must observe the notice-and-comment procedures of the APA, 5 U.S.C. § 553(b) (1988), and any enabling statute the agency is subject to. The relationship between the proposed regulation and the final rule determines the adequacy of notice. A difference between the two will not invalidate the notice so long as the final rule is a 'logical outgrowth' of the one proposed. If the deviation from the proposal is too sharp, the affected parties will not have had adequate notice and opportunity for comment. See American Fed'n of Labor v. Donovan, 244 App. D.C. 255, 757 F.2d 330, 338-39 (D.C. Cir. 1985).


An agency, of course, may promulgate final rules that differ from the proposed regulations. To avoid 'the absurdity that . . . the agency can learn from ...

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