313 
or stability of the vessel, its crew, or 
its passengers because of adverse 
weather, equipment failure, or any 
other relevant condition. 
‘‘(C) 
NOTIFICATION
REQUIRED.— 
Whenever the master of a vessel is 
unable to comply with the require-
ments of paragraph (3) because of a 
determination made under subpara-
graph (B), the master of the vessel 
shall— 
‘‘(i) notify the Secretary as 
soon as practicable thereafter but 
no later than 24 hours after mak-
ing that determination and shall 
ensure that the determination, 
the reasons for the determination, 
and the notice are recorded in the 
vessel’s ballast water record book; 
and 
‘‘(ii) undertake ballast water 
exchange 
in 
accordance 
with 
paragraph (6) if safety or stability 
concerns 
prevent 
undertaking 
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314 
ballast water exchange in the al-
ternative area. 
‘‘(D) REVIEW OF CIRCUMSTANCES.— 
If the master of a vessel conducts a 
ballast water discharge under the 
provisions of this paragraph, the Sec-
retary shall review the circumstances 
to determine whether the discharge 
met the requirements of this para-
graph. The review under this clause 
shall be in addition to any other en-
forcement authority of the Secretary. 
‘‘(5) DISCHARGE UNDER WAIVER.— 
‘‘(A) SUBSTANTIAL
BUSINESS
HARD-
SHIP WAIVER.—If, because of the short 
length of a voyage, the operator of a 
vessel is unable to discharge ballast 
water in accordance with the require-
ments of paragraph (3)(B) without 
substantial business hardship, as de-
termined under regulations issued by 
the Secretary, the operator may re-
quest a waiver from the Secretary 
and discharge the ballast water in ac-
cordance with paragraph (6). A re-
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315 
quest for a waiver under this sub-
paragraph shall be submitted to the 
Secretary at such time and in such 
form and manner as the Secretary 
may require. 
‘‘(B) SUBSTANTIAL
BUSINESS
HARD-
SHIP.—For purposes of subparagraph 
(A), the factors taken into account in 
determining 
substantial 
business 
hardship shall include whether— 
‘‘(i) compliance with the re-
quirements of paragraph (3)(B) 
would require a sufficiently great 
change in routing or scheduling 
of service as to compromise the 
economic or commercial viability 
of the trade or business in which 
the vessel is operated; or 
‘‘(ii) it is reasonable to expect 
that the trade or business or serv-
ice provided will be continued 
only if a waiver is granted under 
subparagraph (A). 
‘‘(6) PERMISSIBLE DISCHARGE.— 
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316 
‘‘(A) IN
GENERAL.—The discharge 
of ballast water shall be considered to 
be carried out in accordance with 
this paragraph if it is— 
‘‘(i) in an area designated for 
that purpose by the Secretary, 
after consultation with the Under 
Secretary, the heads of other ap-
propriate Federal agencies as de-
termined by the Secretary, and 
representatives of any State that 
may be affected by discharge of 
ballast water in that area; or 
‘‘(ii) into a reception facility 
described in subsection (f)(2). 
‘‘(B) LIMITATION ON VOLUME.—The 
volume of any ballast water dis-
charged under this paragraph may 
not exceed the volume necessary to 
ensure the safe operation of the ves-
sel. 
‘‘(7) CERTAIN GEOGRAPHICALLY LIMITED 
ROUTES.—Notwithstanding paragraph (1), 
the operator of a vessel is not required to 
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317 
comply with the requirements of this sub-
section— 
‘‘(A) if the vessel operates exclu-
sively— 
‘‘(i) within the Great Lakes; or 
‘‘(ii) between or among the 
main group of the Hawaiian Is-
lands; or 
‘‘(B) if the vessel operates exclu-
sively within any area with respect to 
which the Secretary has determined, 
after consultation with the Under 
Secretary, 
the 
Administrator, 
and 
representatives of States the waters 
of which would be affected by the dis-
charge of ballast water from the ves-
sel, that the risk of introducing 
aquatic nuisance species through bal-
last water discharge in the areas in 
which the vessel operates is insignifi-
cant. 
‘‘(8) MARINE
SANCTUARIES
AND
OTHER 
PROHIBITED AREAS.—A vessel may not con-
duct ballast water exchange or discharge 
ballast water under this subsection— 
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318 
‘‘(A) within a national marine 
sanctuary designated under of the 
National Marine Sanctuaries Act (16 
U.S.C. 1431 et seq.); 
‘‘(B) in waters that are approved 
by the Administrator as a nondis-
charge zone under section 312(n)(7) of 
the Federal Water Pollution Control 
Act (33 U.S.C. 1322(n)(7)); or 
‘‘(C) in any other waters des-
ignated by the Secretary, in consulta-
tion with the Under Secretary and 
the Administrator. 
‘‘(9) VESSELS WITHOUT PUMPABLE BAL-
LAST WATER.— 
‘‘(A) APPLICABILITY
OF
REQUIRE-
MENTS.—Ballast water exchange re-
quirements 
under 
this 
subsection 
shall 
apply 
to 
vessels 
that 
are 
equipped with ballast water tanks 
and that enter a port of the United 
States 
without 
pumpable 
ballast 
water. 
‘‘(B) REGULATIONS.—The Secretary 
shall issue regulations, not later than 
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180 days after the date of enactment 
of the Ballast Water Treatment Act of 
2007, that are intended to minimize 
the introduction of nuisance species 
from vessels that enter the navigable 
waters 
without 
pumpable 
ballast 
water, including the requirements 
that apply under subparagraph (A), 
and that are at least as stringent as 
the regulations in effect on the date 
of enactment such Act. 
‘‘(C) APPLICATION OF EXISTING REG-
ULATIONS.—The regulations issued by 
the Secretary under this section, as 
such regulations were in effect on the 
day before the date of enactment of 
the Ballast Water Treatment Act of 
2007, shall continue to apply to ves-
sels without pumpable ballast water 
entering or operating on the navi-
gable waters until the earlier of— 
‘‘(i) the date on which such 
vessels are required to conduct 
ballast water treatment, in ac-
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320 
cordance with the requirements 
of subsection (f); or 
‘‘(ii) the effective date of final 
regulations required under this 
paragraph. 
‘‘(f) BALLAST WATER TREATMENT REQUIRE-
MENTS.— 
‘‘(1) PERFORMANCE STANDARDS.—A ves-
sel to which this section applies shall 
conduct ballast water treatment in ac-
cordance with the requirements of this 
subsection 
before 
discharging 
ballast 
water in waters subject to the jurisdic-
tion of the United States so that the bal-
last water discharged will contain— 
‘‘(A) less than 1 living organism 
per 10 cubic meters that is 50 or more 
micrometers in minimum dimension; 
‘‘(B) less than 1 living organism 
per 10 milliliters that is less than 50 
micrometers in minimum dimension 
and more than 10 micrometers in 
minimum dimension; 
‘‘(C) concentrations of indicator 
microbes that are less than— 
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321 
‘‘(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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322 
‘‘(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 
Secretary. 
‘‘(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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323 
‘‘(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 
vessel 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 Sec-
retary. The Secretary shall issue regula-
tions establishing a process for such ap-
proval, after consultation with the heads 
of other appropriate 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 
persons that meet such requirements as 
the Secretary may prescribe. 
‘‘(6) FEASIBILITY REVIEW.— 
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324 
‘‘(A) REQUIREMENT
TO
REVIEW.— 
The Secretary shall periodically con-
duct a review to determine whether 
appropriate technologies are avail-
able to achieve the standards set 
forth in paragraph (1). In reviewing 
technologies 
under 
this 
subpara-
graph, the Secretary, after consulta-
tion with the heads of other appro-
priate Federal agencies as deter-
mined by the Secretary, shall con-
sider— 
‘‘(i) the effectiveness of a tech-
nology in achieving the stand-
ards; 
‘‘(ii) feasibility in terms of 
compatibility with ship design 
and operations; 
‘‘(iii) safety considerations; 
‘‘(iv) whether a technology 
has an adverse impact on the en-
vironment; and 
‘‘(v) cost effectiveness. 
‘‘(B) 
DEADLINES.—The 
Secretary 
shall— 
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325 
‘‘(i) complete an initial review 
of technologies under subpara-
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 
previous 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-
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