194 
tice before such accelerated implementation 
goes into effect. 
‘‘(iii) DETERMINATIONS
NOT
MUTU-
ALLY EXCLUSIVE.—The Secretary and the 
Administrator shall take action under both 
clause (i) and clause (ii) if the Secretary 
and the Administrator make determina-
tions under both clauses. 
‘‘(7) DELAY OF APPLICATION FOR VESSEL PAR-
TICIPATING
IN
PROMISING
TECHNOLOGY
EVALUA-
TIONS.— 
‘‘(A) IN GENERAL.—If a vessel participates 
in a program, including the Shipboard Tech-
nology 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 achiev-
ing a standard that is the same as or more 
stringent than the standard that applies under 
paragraph (1) before the first date on which 
paragraph (1) applies to that vessel, the Sec-
retary shall allow the vessel to use that tech-
nology for a 10-year period and such vessel 
shall be deemed to be in compliance with the re-
195 
quirements of paragraph (1) during that 10- 
year period. 
‘‘(B) 
VESSEL
DIVERSITY.—The 
Sec-
retary— 
‘‘(i) shall seek to ensure that a wide 
variety of vessel types and voyages are in-
cluded in the program; 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 PERIOD.— 
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 terminated without the con-
sent of the Secretary; 
‘‘(ii) the vessel does not comply with 
manufacturer’s standards for operating the 
ballast water treatment technology used on 
such vessel; or 
‘‘(iii) the Secretary determines that 
the approved technology is insufficiently ef-
fective or is causing harm to the environ-
ment. 
‘‘(8) REVIEW OF STANDARDS.—
196 
‘‘(A) IN
GENERAL.—In December 2012 
and every third year thereafter, the Adminis-
trator and the Secretary shall complete review 
of ballast water treatment standards in effect 
under this subsection to determine, after con-
sultation with the heads of other appropriate 
Federal agencies determined by the Adminis-
trator and the Secretary, if the standards under 
this subsection should be revised to reduce the 
amount of organisms or microbes allowed to be 
discharged, taking into account improvements 
in the scientific understanding of biological 
processes leading to the spread of aquatic nui-
sance species and improvements in ballast water 
treatment technology. The Administrator and 
the Secretary shall revise, by regulation, the re-
quirements of this subsection as necessary. 
‘‘(B) APPLICATION OF ADJUSTED STAND-
ARDS.—In the regulations, the Secretary and 
the Administrator shall provide for the prospec-
tive application of the adjusted standards issued 
under this paragraph to vessels constructed 
after the date on which the adjusted standards 
apply and for an orderly phase-in of the ad-
justed standards to existing vessels.
197 
‘‘(9) HIGH-RISK VOYAGES.— 
‘‘(A) VESSEL LIST.—Not later than one 
year after the date of enactment of the Ballast 
Water Treatment Act of 2008, the Secretary 
shall publish and regularly update a list of ves-
sels, not equipped with ballast water equipment 
under this section, identified by the States that, 
due to factors such as the origin of their voy-
ages, the frequency of their voyages, the volume 
of ballast water they carry, the biological make-
up of the ballast water, and the fact that they 
frequently discharge ballast water under an ex-
ception to subsection (e), pose a high risk of in-
troducing aquatic nuisance species into the wa-
ters of those States. 
‘‘(B) INCENTIVE
PROGRAMS.—The Sec-
retary shall give priority to vessels on the list 
for participation in a program described in 
paragraph (7). Any Federal agency, and any 
State agency with respect to vessels identified 
by such State to the Secretary for inclusion on 
a list under subparagraph (A), may develop and 
implement technology development programs or 
other incentives (whether positive or negative) 
in order to encourage the adoption of ballast
198 
water treatment technology by those vessels 
consistent with the requirements of this section 
on an expedited basis. 
‘‘(10) NONAPPLICABILITY
OF
VESSELS
OPER-
ATING EXCLUSIVELY IN DETERMINED AREA.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), paragraph (1) does not 
apply to a vessel that operates exclusively with-
in a geographically limited area if the Secretary 
and the Administrator have determined through 
a rulemaking proceeding, after consultation 
with the heads of other appropriate Federal 
agencies as determined by the Secretary and 
the Administrator, 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 con-
structed before January 1, 2001, that operates 
exclusively within the Great Lakes ecosystem 
shall be presumed not to pose a significant risk 
of introducing aquatic nuisance species unless 
the Secretary and the Administrator find other-
199 
wise in a rulemaking proceeding under subpara-
graph (A). 
‘‘(C) BEST
PRACTICES.—The Secretary 
and the Administrator shall develop, and re-
quire a vessel exempted from complying with 
the requirements of paragraph (1) under this 
paragraph to follow, best practices to minimize 
the spreading of aquatic nuisance species in its 
operation area. The best practices shall be de-
veloped in consultation with the Governors of 
States that may be affected. 
‘‘(D) STOPPING THE SPREAD OF INFEC-
TIOUS DISEASE.—The Secretary, at the request 
of the Secretary of Agriculture, shall require a 
vessel to which paragraph (1) does not apply in 
accordance with subparagraph (A) or (B) to 
have a ballast water treatment system approved 
by the Secretary under this subsection to stop 
the spread of infectious diseases to plants and 
animals as otherwise authorized by law. 
‘‘(11) TESTING
PROTOCOLS
AND
LABORA-
TORIES.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Administrator, shall, no later than 90 days 
after the date of enactment of the Ballast