Secretary in consultation with 
the Administrator; 
‘‘(bb) be applicable to a spe-
cific vessel or group of vessels, as 
determined by the Secretary; 
‘‘(cc) be valid for the least 
of— 
‘‘(AA) the expected use-
ful life of the ballast water 
treatment system; 
‘‘(BB) 10 years; or 
‘‘(CC) such period of 
time for which the Secretary 
or Administrator (as appro-
priate) 
determines 
that 
(based on available informa-
tion, including information 
developed pursuant to para-
graph (6)(B)(iii)) there ex-
ists a serious deficiency in 
performance 
or 
environ-
mental soundness of the sys-
tem relative to anticipated 
performance 
or 
environ-
mental soundness; and 
VerDate Nov 24 2008 
02:47 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H500.IH
H500
wwoods2 on PRODPC68 with BILLS
‘‘(dd) be renewed if— 
‘‘(AA) the Secretary de-
termines that the ballast 
water treatment system re-
mains in compliance with 
applicable standards as of 
the date of application for 
renewal; or 
‘‘(BB) the remaining 
useful life of the vessel is 
less than 10 years. 
‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST 
WATER TREATMENT.— 
‘‘(A) IN GENERAL.—The owner or operator 
of a vessel may submit to the Secretary an ap-
plication to test or evaluate a promising ballast 
water treatment technology that— 
‘‘(i) has the potential to achieve the 
standards required under paragraph (3); 
and 
‘‘(ii) is likely to achieve a minimum 
performance that is the same as or more 
stringent than a standard required under 
paragraph (3)(C)(ii), as applicable. 
VerDate Nov 24 2008 
02:47 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H500.IH
H500
wwoods2 on PRODPC68 with BILLS
‘‘(B) APPROVAL.—The Secretary shall ap-
prove an application under subparagraph (A) 
if— 
‘‘(i) the Secretary and the Adminis-
trator determine that the treatment tech-
nologies have the potential to achieve the 
standards required under paragraph (3); 
and 
‘‘(ii) the Administrator determines, 
based on independent and peer-reviewed 
information provided to the Secretary by 
the owner or operator of the vessel or 
other applicable parties, that the treatment 
technologies— 
‘‘(I) comply with environmental 
requirements (including regulations); 
and 
‘‘(II) have the potential to meet 
environmental soundness criteria es-
tablished under paragraph (8)(A)(i). 
‘‘(C) WAIVER.—If the Secretary approves 
an application under subparagraph (B), the 
Secretary and the Administrator may waive the 
requirements under subsection (a)(4)(A) with 
VerDate Nov 24 2008 
02:47 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H500.IH
H500
wwoods2 on PRODPC68 with BILLS
respect to the vessel that is subject to the appli-
cation approved. 
‘‘(D) LIMITATIONS.— 
‘‘(i) PERIOD OF TESTING.—Testing of 
the treatment system approved under this 
section may cease prior to the termination 
of the approval period described in clause 
(ii). 
‘‘(ii) PERIOD
OF
APPROVAL.—Ap-
proval granted under subparagraph (B) 
shall be for the least of— 
‘‘(I) the expected useful life of 
the ballast water treatment system; 
‘‘(II) a period of 10 years; or 
‘‘(III) a period ending on the 
date that the Secretary and Adminis-
trator (as appropriate) determines 
that there exists a serious deficiency 
in performance or human safety or 
environmental soundness of the sys-
tem relative to anticipated perform-
ance or environmental soundness. 
‘‘(iii) INFORMATION.—As a condition 
of receiving experimental approval for a 
treatment under subparagraph (B), the 
VerDate Nov 24 2008 
02:47 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H500.IH
H500
wwoods2 on PRODPC68 with BILLS
owner or operator of a vessel shall agree to 
collect and report such information regard-
ing the operational and biological effective-
ness of the treatment through sampling of 
the intake and discharge ballast as the 
Secretary may request. 
‘‘(iv) 
RENEWAL.—An 
experimental 
approval may be renewed in accordance 
with paragraph (5)(F)(ii). 
‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS-
TEMS.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Secretary of Transportation, and the Adminis-
trator shall assist owners or operators of vessels 
that seek to obtain experimental approval for 
installation of ballast water treatment systems, 
including through providing guidance on— 
‘‘(i) a sampling protocol and test pro-
gram for cost effective treatment evalua-
tion; 
‘‘(ii) sources of sampling equipment 
and field biological expertise; and 
‘‘(iii) examples of shipboard evalua-
tion studies. 
VerDate Nov 24 2008 
02:47 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H500.IH
H500
wwoods2 on PRODPC68 with BILLS