The Environmental Protection Agency $($EPA$)$ would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?

The agency has a right to act in this way and a duty to be efficient with taxpayer money.

The rules in this instance are procedural in nature and therefore are not required to be published.

The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.

The agency has no rulemaking authority, because only Congress can make legislative rules.