‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if, before the date on which the Sec-
retary promulgates interim ballast water man-
agement standards under paragraph (1), an 
owner or operator of a vessel seeks to conduct 
a treatment of ballast water—
‘‘(i) the owner or operator shall apply 
to the Secretary for experimental approval 
of the treatment; and 
‘‘(ii) the Secretary shall approve the 
treatment if—
‘‘(I) the owner or operator pro-
vides to the Secretary independently 
peer-reviewed, pilot-scale information 
relating to the effectiveness and envi-
ronmental soundness of the treatment; 
‘‘(II) the Secretary and the Ad-
ministrator, in consultation with the 
Task Force (including relevant re-
gional panels, and the Prevention 
Committee, of the Task Force), deter-
mine that the technology to be used 
for the treatment has significant po-
tential to kill or remove at least 95 
percent of the aquatic vertebrates, in-
vertebrates, phytoplankton, and macro 
algae, respectively, in ballast water 
taken in by the class of vessel for 
which the treatment is sought to be 
conducted; and 
‘‘(III) the Administrator deter-
mines that the treatment meets envi-
ronmental regulations. 
‘‘(B) 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 under subparagraph (A) shall be 
granted for—
‘‘(I) a period of 10 years or the 
expected useful life of the treatment 
system, whichever is earlier; or 
‘‘(II) until such time as the Sec-
retary or Administrator (as appro-
priate) determine that (based on 
available information, including infor-
mation developed pursuant to clause
(iii)) there exists a serious deficiency 
in 
performance 
or 
environmental 
soundness of the system relative to 
anticipated performance or environ-
mental soundness. 
‘‘(iii) INFORMATION.—As a condition 
of receiving experimental approval for a 
treatment under subparagraph (A)(ii), the 
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 pursuant to 
paragraph (7)(B). 
‘‘(5) 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 or interim ap-
proval for installation of ballast water treat-
ment 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. 
‘‘(B) SELECTION OF TECHNOLOGIES AND 
PRACTICES.—In 
selecting 
technologies 
and 
practices for shipboard demonstration under 
section 1104(b), the Secretary of the Interior 
and the Secretary of Commerce shall give pri-
ority consideration to technologies and practices 
that have received or are in the process of re-
ceiving approval under paragraphs (1) and (4) 
of this subsection. 
‘‘(C) ANNUAL SUMMARIES.—The Secretary 
shall annually summarize, and make available 
to interested parties, all available information 
on the performance of technologies proposed for 
ballast treatment to facilitate the application 
process for experimental approval for ballast 
water treatment under paragraph (4).
‘‘(6) APPLICATION FOR APPROVAL.—
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator may approve only such applica-
tions for qualified type approval of the ballast 
water treatment system that are in such form 
and contain such information as the Secretary 
and Administrator may require. 
‘‘(B) APPROVAL AND DISAPPROVAL.—
‘‘(i) IN GENERAL.—On receipt of an 
application under subparagraph (A)—
‘‘(I) the Administrator shall, not 
later than 90 days after the date of 
receipt of the application—
‘‘(aa) review the application 
for compliance and consistency 
with 
environmental 
soundness 
criteria promulgated under para-
graph (7)(A); and 
‘‘(bb) approve those ballast 
water treatment systems that 
meet those criteria; and 
‘‘(II) the Secretary, in consulta-
tion with the Task Force, shall, not 
later than 180 days after the date of 
receipt of the application—