591 
‘‘(i) 1 colony-forming unit of 
toxicogenic 
Vibrio 
cholera 
(serotypes O1 and O139) per 100 
milliliters or less than 1 colony- 
forming unit of that microbe per 
gram of wet weight of zoological 
samples; 
‘‘(ii) 126 colony-forming units 
of escherichia coli per 100 milli-
liters; and 
‘‘(iii) 33 colony-forming units 
of intestinal enterococci per 100 
milliliters; and 
‘‘(D) concentrations of such addi-
tional indicator microbes as may be 
specified in regulations issued by the 
Secretary, 
after 
consultation 
with 
other appropriate Federal agencies as 
determined by the Secretary, that are 
less than the amount specified in 
those regulations. 
‘‘(2) RECEPTION FACILITY EXCEPTION.— 
‘‘(A) IN
GENERAL.—Paragraph (1) 
does not apply to a vessel that dis-
charges ballast water into— 
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‘‘(i) a land-based facility for 
the reception of ballast water that 
meets standards issued by the Ad-
ministrator; or 
‘‘(ii) a water-based facility for 
the reception of ballast water that 
meets standards issued by the Sec-
retary. 
‘‘(B) ISSUANCE OF STANDARDS.—Not 
later than one year after the date of 
enactment of the Ballast Water Treat-
ment Act of 2007, the Secretary, in 
consultation with the heads of other 
appropriate Federal agencies as de-
termined by the Secretary, shall issue 
standards for— 
‘‘(i) the reception of ballast 
water in land-based and water- 
based reception facilities; and 
‘‘(ii) the disposal or treatment 
of such ballast water in a way 
that does not impair or damage 
the environment, human health, 
property, or resources. 
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‘‘(3) TREATMENT
SYSTEM
IMPLEMENTA-
TION.—Paragraph (1) applies to a vessel to 
which this section applies beginning on 
the date of the first dry-docking of the ves-
sel after December 31, 2008, but not later 
than December 31, 2013. 
‘‘(4) TREATMENT SYSTEM APPROVAL RE-
QUIRED.—The operator of a vessel to which 
this section applies may not use a ballast 
water treatment system to comply with the 
requirements of this subsection unless the 
system is approved by the Secretary. The 
Secretary shall issue regulations estab-
lishing a process for such approval, after 
consultation with the heads of other ap-
propriate Federal agencies as determined 
by the Secretary. 
‘‘(5) RELIANCE
ON
CERTAIN
REPORTS, 
DOCUMENTS, AND
RECORDS.—In approving 
a ballast water treatment system under 
this subsection, the Secretary may rely on 
reports, documents, and records of per-
sons that meet such requirements as the 
Secretary may prescribe. 
‘‘(6) FEASIBILITY REVIEW.— 
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‘‘(A) REQUIREMENT TO REVIEW.—The 
Secretary shall periodically conduct a 
review to determine whether appro-
priate technologies are available to 
achieve the standards set forth in 
paragraph (1). In reviewing tech-
nologies under this subparagraph, the 
Secretary, after consultation with the 
heads of other appropriate Federal 
agencies as determined by the Sec-
retary, shall consider— 
‘‘(i) the effectiveness of a tech-
nology in achieving the standards; 
‘‘(ii) feasibility in terms of 
compatibility 
with 
ship 
design 
and operations; 
‘‘(iii) safety considerations; 
‘‘(iv) whether a technology has 
an adverse impact on the environ-
ment; and 
‘‘(v) cost effectiveness. 
‘‘(B) 
DEADLINES.—The 
Secretary 
shall— 
‘‘(i) complete an initial review 
of technologies under subpara-
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595 
graph (A) within 12 months after 
the date of the enactment of the 
Ballast Water Treatment Act of 
2007; and 
‘‘(ii) carry out subsequent re-
views of technologies under sub-
paragraph (A) no later than 24 
months after the date that the pre-
vious review was completed. 
‘‘(C) DELAY IN SCHEDULED APPLICA-
TION.—If the Secretary determines, on 
the basis of the initial review or any 
subsequent review conducted under 
this paragraph, that compliance with 
the standards set forth in paragraph 
(1) is not feasible for any class of ves-
sels, the Secretary shall— 
‘‘(i) delay the date on which 
such standards apply to that class 
of vessels for a period of not more 
than 24 months; and 
‘‘(ii) recommend action to en-
sure such compliance in accord-
ance with the revised implementa-
tion schedule for that class of ves-
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sels 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 technology 
for a 10-year period and such vessel 
shall be deemed to be in compliance 
with the requirements of paragraph 
(1) during that 10-year period. 
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‘‘(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 comply 
with manufacturer’s standards for 
operating the ballast water treat-
ment technology used on such ves-
sel; or 
‘‘(iii) the Secretary determines 
that the approved technology is in-
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sufficiently effective or is causing 
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 deter-
mine, after consultation with the Ad-
ministrator and the heads of other ap-
propriate 
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 improve-
ments in the scientific understanding 
of biological processes leading to the 
spread of aquatic nuisance species 
and improvements in ballast water 
treatment technology. The Secretary 
shall revise, by regulation, the re-
quirements of this subsection as nec-
essary. 
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599 
‘‘(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 ves-
sels. 
‘‘(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 factors 
such as the origin of their voyages, the 
frequency of their voyages, the volume 
of ballast water they carry, the bio-
logical makeup of the ballast water, 
and the fact that they frequently dis-
charge ballast water under an excep-
tion to subsection (e), pose a high risk 
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of introducing aquatic nuisance spe-
cies into the waters of those States. 
‘‘(B) 
INCENTIVE
PROGRAMS.—The 
Secretary shall give priority to vessels 
on the list for participation in a pro-
gram described in paragraph (7). Any 
Federal agency, and any State agency 
with respect to vessels identified by 
such State to the Secretary for inclu-
sion on a list under subparagraph 
(A), may develop and implement tech-
nology development programs or other 
incentives (whether positive or nega-
tive) in order to encourage the adop-
tion of ballast water treatment tech-
nology 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), para-
graph (1) does not apply to a vessel 
that operates exclusively within an 
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601 
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 determined 
by the Secretary, and representatives 
of States the waters of which could be 
affected by the discharge of ballast 
water from the vessel, that the risk of 
introducing aquatic nuisance species 
through ballast 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). 
‘‘(C) BEST
PRACTICES.—The Sec-
retary shall develop, and require a 
vessel exempted from complying with 
the requirements of paragraph (1) 
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602 
under this paragraph to follow, best 
practices to minimize the spreading of 
aquatic nuisance species in its oper-
ation area. The best practices shall be 
developed in consultation with the 
Governors of States that may be af-
fected. 
‘‘(D) STOPPING THE SPREAD OF IN-
FECTIOUS
DISEASE.—The Secretary, at 
the request of the Secretary of Agri-
culture, shall require a vessel to 
which paragraph (1) does not apply in 
accordance with subparagraph (A) to 
have a ballast water treatment system 
approved by the Secretary under this 
subsection to stop the spread of infec-
tious diseases to plants and animals 
as otherwise authorized by law. 
‘‘(11) 
LABORATORIES.—The 
Secretary 
may use any Federal, non-Federal, or for-
eign laboratory that meets standards es-
tablished by the Secretary for the purpose 
of evaluating and certifying ballast water 
treatment technologies that meet the re-
quirements of this subsection. 
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603 
‘‘(12) PROGRAM
TO
SUPPORT
THE
PRO-
MULGATION AND IMPLEMENTATION OF STAND-
ARDS.— 
‘‘(A) IN
GENERAL.—The Secretary, 
in coordination with the Under Sec-
retary, the Task Force and other ap-
propriate 
Federal 
agencies, 
shall 
carry out a coordinated program to 
support the promulgation and imple-
mentation of standards under this 
subsection to prevent the introduction 
and spread of aquatic invasive species 
by vessels. The program established 
under this section shall, at a min-
imum— 
‘‘(i) 
characterize 
physical, 
chemical, and biological harbor 
conditions relevant to ballast dis-
charge into United States waters 
to inform the design and imple-
mentation of ship vector control 
technologies and practices; 
‘‘(ii) develop testing protocols 
for determining the effectiveness 
of vessel vector monitoring and 
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