326 
ance with the revised implemen-
tation schedule for that class of 
vessels by the date established 
under clause (i). 
‘‘(7) DELAY OF APPLICATION FOR VESSEL 
PARTICIPATING
IN
PROMISING
TECHNOLOGY 
EVALUATIONS.— 
‘‘(A) IN GENERAL.—If a vessel par-
ticipates in a program, including the 
Shipboard 
Technology 
Evaluation 
Program established under section 
1104, using a technology approved by 
the Secretary to test and evaluate 
promising ballast water treatment 
technologies that are likely to result 
in treatment technologies achieving a 
standard that is the same as or more 
stringent than the standard that ap-
plies under paragraph (1) before the 
first date on which paragraph (1) ap-
plies to that vessel, the Secretary 
shall allow the vessel to use that tech-
nology for a 10-year period and such 
vessel shall be deemed to be in com-
pliance with the requirements of 
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paragraph (1) during that 10-year pe-
riod. 
‘‘(B) VESSEL
DIVERSITY.—The Sec-
retary— 
‘‘(i) shall seek to ensure that a 
wide variety of vessel types and 
voyages are included in the pro-
gram; but 
‘‘(ii) may not grant a delay 
under this paragraph to more 
than 5 percent of the vessels to 
which this section applies. 
‘‘(C) TERMINATION
OF
GRACE
PE-
RIOD.—The Secretary may terminate 
the 10-year grace period of a vessel 
under subparagraph (A) if— 
‘‘(i) the participation of the 
vessel in the program is termi-
nated without the consent of the 
Secretary; 
‘‘(ii) the vessel does not com-
ply with manufacturer’s stand-
ards for operating the ballast 
water treatment technology used 
on such vessel; or 
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328 
‘‘(iii) the Secretary determines 
that the approved technology is 
insufficiently effective or is caus-
ing harm to the environment. 
‘‘(8) REVIEW OF STANDARDS.— 
‘‘(A) IN
GENERAL.—In December 
2012 and every third year thereafter, 
the Secretary shall complete review 
of ballast water treatment standards 
in effect under this subsection to de-
termine, after consultation with the 
Administrator and the heads of other 
appropriate Federal agencies deter-
mined by the Secretary, if the stand-
ards under this subsection should be 
revised to reduce the amount of orga-
nisms or microbes allowed to be dis-
charged, taking into account im-
provements in the scientific under-
standing of biological processes lead-
ing to the spread of aquatic nuisance 
species and improvements in ballast 
water treatment technology. The Sec-
retary shall revise, by regulation, the 
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329 
requirements of this subsection as 
necessary. 
‘‘(B) 
APPLICATION
OF
ADJUSTED 
STANDARDS.—In the regulations, the 
Secretary shall provide for the pro-
spective application of the adjusted 
standards issued under this para-
graph to vessels constructed after the 
date on which the adjusted standards 
apply and for an orderly phase-in of 
the adjusted standards to existing 
vessels. 
‘‘(9) HIGH-RISK VESSELS.— 
‘‘(A) VESSEL LIST.—Not later than 
one year after the date of enactment 
of the Ballast Water Treatment Act of 
2007, the Secretary shall publish and 
regularly update a list of vessels iden-
tified by the States that, due to fac-
tors such as the origin of their voy-
ages, the frequency of their voyages, 
the volume of ballast water they 
carry, the biological makeup of the 
ballast water, and the fact that they 
frequently discharge ballast water 
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330 
under an exception to subsection (e), 
pose a high risk of introducing aquat-
ic nuisance species into the waters of 
those States. 
‘‘(B) 
INCENTIVE
PROGRAMS.—The 
Secretary shall give priority to ves-
sels on the list for participation in a 
program described in paragraph (7). 
Any Federal agency, and any State 
agency with respect to vessels identi-
fied by such State to the Secretary for 
inclusion on a list under subpara-
graph (A), may develop and imple-
ment technology development pro-
grams or other incentives (whether 
positive or negative) in order to en-
courage the adoption of ballast water 
treatment technology by those vessels 
consistent with the requirements of 
this section on an expedited basis. 
‘‘(10) NONAPPLICABILITY OF VESSELS OP-
ERATING
EXCLUSIVELY
IN
DETERMINED 
AREA.— 
‘‘(A) IN GENERAL.—Except as pro-
vided in subparagraph (D), paragraph 
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331 
(1) does not apply to a vessel that op-
erates exclusively within an area if 
the 
Secretary 
has 
determined 
through a rulemaking proceeding, 
after consultation with the Adminis-
trator and the heads of other appro-
priate Federal agencies as deter-
mined by the Secretary, and rep-
resentatives of States the waters of 
which could be affected by the dis-
charge of ballast water from the ves-
sel, that the risk of introducing 
aquatic nuisance species through bal-
last water discharge from the vessel 
is insignificant. 
‘‘(B) CERTAIN
VESSELS.—A vessel 
constructed before January 1, 2001, 
that operates exclusively within the 
Great Lakes shall be presumed not to 
pose a significant risk of introducing 
aquatic nuisance species unless the 
Secretary finds otherwise in a rule-
making proceeding under subpara-
graph (A). 
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