Sec. 105. Use for research
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Notwithstanding any other provision of this title, the Administrator may allow the use and detectable release of perfluoroalkyl or polyfluoroalkyl substances described in subsections
(b)and
(c)that do not place unreasonable risk on human health or the environment for research, development, testing, and other similar purposes to assist in the achievement of the policy described in section 103(a). A manufacturer or user with remaining stocks of perfluoroalkyl or polyfluoroalkyl substances in the possession of the manufacturer or user following cessation of the manufacture or use of perfluoroalkyl or polyfluoroalkyl substances may enter into an agreement with the Administrator, an accredited research consortium, including Centers of Excellence, National Laboratories of the Department of Energy, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), and other relevant entities, as determined by the Administrator, in order for such stocks to be available for use in accordance with subsection (a). The Administrator may only enter into an agreement under paragraph
(1)if the actions to be carried out under that agreement directly contribute to the achievement of the policy described in section 103(a), as determined by the Administrator. Nothing in this subsection— affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance; or prohibits a manufacturer or user from using a method of removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law. It shall be unlawful to develop or produce a perfluoroalkyl or polyfluoroalkyl substance solely for the purposes of activities authorized under subsection
(a)unless the Administrator determines it necessary to comply with the policy described in section 103(a).
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