tional enclosed aquatic ecosystems in 
which the potential for movement of 
organisms by natural and anthropo-
genic means is not significantly al-
tered by the movement of the vessels 
equipped with ballast tanks. 
‘‘(b) INVASIVE
SPECIES
MANAGEMENT
REGULA-
TIONS AND CERTIFICATION PROCEDURES.— 
‘‘(1) REGULATIONS.—Not later than 18 months 
after the date of enactment of the Great Lakes Col-
laboration Implementation Act, the Secretary, with 
the concurrence of the Administrator and in con-
sultation with the Task Force, shall promulgate final 
regulations establishing performance requirements 
for vessels to reduce or eliminate introduction by the 
vessels of invasive species to waters of the United 
States, including— 
‘‘(A) ballast water management operations 
(including relevant contingency procedures in 
instances in which a safety exemption is used 
pursuant to subsection (h)); and 
‘‘(B) management of other vessel path-
ways, including the hull and sea chest of a ves-
sel. 
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‘‘(2) BALLAST WATER EXCHANGE.—The regula-
tions promulgated pursuant to paragraph (1)— 
‘‘(A) shall apply only to existing vessels; 
‘‘(B) shall expire not later than December 
31, 2013; and 
‘‘(C) shall include— 
‘‘(i) a provision for ballast water ex-
change that requires— 
‘‘(I) at least 1 empty-and-refill 
cycle, outside the exclusive economic 
zone or in an alternative exchange 
area designated by the Secretary, of 
each ballast tank that contains ballast 
water to be discharged into waters of 
the United States; or 
‘‘(II) for a case in which the 
master of a vessel determines that 
compliance 
with 
the 
requirement 
under subclause (I) is impracticable, a 
sufficient number of flow-through ex-
changes of ballast water, outside the 
exclusive economic zone or in an alter-
native exchange area designated by 
the Secretary, to achieve replacement 
of at least 95 percent of ballast water 
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in ballast tanks of the vessel, as deter-
mined by a certification dye study 
conducted or model developed in ac-
cordance with protocols developed 
under paragraph (5)(B) and recorded 
in the management plan of a vessel 
pursuant 
to 
subsection 
(a)(1)(C)(ii)(I); and 
‘‘(ii) if a ballast water exchange is not 
undertaken pursuant to subsection (h), a 
contingency procedure that requires the 
master of a vessel to use the best prac-
ticable technology or practice to treat bal-
last discharge. 
‘‘(3) BALLAST WATER TREATMENT.— 
‘‘(A) IN GENERAL.—The regulations pro-
mulgated pursuant to paragraph (1) shall re-
quire a vessel to which this section applies to 
conduct ballast water treatment in accordance 
with this paragraph before discharging ballast 
water. 
‘‘(B) PERFORMANCE
STANDARDS.—Sub-
ject to subparagraph (C)(ii), the regulations 
shall require that ballast water discharged 
shall— 
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‘‘(i) contain— 
‘‘(I) less than 1 living organism 
per 10 cubic meters that is 50 or 
more micrometers in minimum dimen-
sion; 
‘‘(II) less than 1 living organism 
per 10 milliliters that is— 
‘‘(aa) less than 50 microm-
eters in minimum dimension; and 
‘‘(bb) more than 10 microm-
eters in minimum dimension; 
‘‘(III) concentrations of indicator 
microbes that are less than— 
‘‘(aa)(AA) 1 colony-forming 
unit of toxicogenic Vibrio cholera 
(serotypes O1 and O139) per 
100 milliliters; or 
‘‘(BB) 1 colony-forming unit 
of that microbe per gram of wet 
weight of zoological samples; 
‘‘(bb) 
126 
colony-forming 
units of escherichia coli per 100 
milliliters; and 
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