162 
(e) INAPPLICABILITY OF SCREENING OR OTHER RE-
QUIREMENTS.—The conveyance of property authorized by 
subsection (a) shall be made without regard to the fol-
lowing: 
(1) Section 2696 of title 10, United States 
Code. 
(2) Chapter 5 of title 40, United States Code. 
(3) Any other provision of law relating to the 
screening, evaluation, or administration of excess or 
surplus Federal property prior to conveyance by the 
Administrator of General Services. 
(f) EXPIRATION OF AUTHORITY.—The authority in 
subsection (a) shall expire on the date that is five years 
after the date of the enactment of this Act. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Commandant of the Coast Guard. The cost of the 
survey shall be borne by the United States. 
(h) ADDITIONAL TERMS
AND CONDITIONS.—The 
Commandant of the Coast Guard may require such addi-
tional terms and conditions in connection with the convey-
ance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the 
United States.
163 
TITLE V—BALLAST WATER 
TREATMENT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Ballast Water Treat-
ment Act of 2008’’. 
SEC. 502. DECLARATION OF GOALS AND PURPOSES. 
Section 1002 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4701) is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) DECLARATION OF GOALS AND PURPOSES.—The 
objective of this Act is to eliminate the threat and impacts 
of nonindigenous aquatic nuisance species in the waters 
of the United States. In order to achieve this objective, 
it is declared that, consistent with the provisions of this 
Act— 
‘‘(1) it is the national goal that ballast water 
discharged into the waters of the United States will 
contain no living (viable) organisms by the year 
2015;
164 
‘‘(2) it is the national policy that the introduc-
tion of nonindigenous aquatic nuisance species in the 
waters of the United States be prohibited; and 
‘‘(3) it is the national policy that Federal, 
State, and local governments and the private sector 
identify the most effective ways to coordinate pre-
vention efforts, and harmonize environmentally 
sound methods to prevent, detect, monitor, and con-
trol nonindigenous aquatic nuisance species, in an 
expeditious manner.’’. 
(3) in subsection (c)(1) (as redesignated by 
paragraph (1) of this section)— 
(A) by striking ‘‘prevent’’ and inserting 
‘‘eliminate’’; and 
(B) by inserting ‘‘treatment’’ after ‘‘ballast 
water’’; 
(4) in subsection (c)(2) (as so redesignated)— 
(A) by inserting ‘‘, detection, monitoring,’’ 
after ‘‘prevention’’; and 
(B) by striking ‘‘the zebra mussel and 
other’’; 
(5) in subsection (c)(3) (as so redesignated)— 
(A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; 
and
165 
(B) by striking ‘‘from pathways other than 
ballast water exchange’’; 
(6) in subsection (c)(4) (as so redesignated) by 
striking ‘‘, including the zebra mussel’’; and 
(7) in subsection (c)(5) (as so redesignated)— 
(A) by inserting ‘‘prevention,’’ after ‘‘in 
the’’; 
(B) by inserting a comma after ‘‘manage-
ment’’; and 
(C) by striking ‘‘zebra mussels’’ and in-
serting ‘‘aquatic nuisance species’’. 
SEC. 503. BALLAST WATER MANAGEMENT. 
(a) IN GENERAL.—Section 1101 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711) is amended to read as follows: 
‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 
‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), (4), and (5), this section applies to 
a vessel that engages in the discharge of ballast 
water in waters subject to the jurisdiction of the 
United States that— 
‘‘(A) is designed, constructed, or adapted 
to carry ballast water; and 
‘‘(B)(i) is a vessel of the United States; or
166 
‘‘(ii) is a foreign vessel that— 
‘‘(I) is en route to a United States 
port or place; or 
‘‘(II) has departed from a United 
States port or place and is within waters 
subject to the jurisdiction of the United 
States. 
‘‘(2) PERMANENT BALLAST WATER VESSELS.— 
This section does not apply to a vessel that carries 
all of its permanent ballast water in sealed tanks 
that are not subject to discharge or a vessel that 
continuously takes on and discharges ballast water 
in a flow-through system. 
‘‘(3) ARMED FORCES VESSELS.— 
‘‘(A) EXEMPTION.—Except as provided in 
subparagraph (B), this section does not apply 
to a vessel of the Armed Forces. 
‘‘(B) BALLAST WATER MANAGEMENT PRO-
GRAM.—The Secretary and the Secretary of De-
fense, after consultation with each other and 
with the Under Secretary and the heads of 
other appropriate Federal agencies as deter-
mined by the Secretary, shall implement a bal-
last water management program, including the 
issuance of standards for ballast water ex-
167 
change and treatment and for sediment man-
agement, for vessels of the Armed Forces under 
their respective jurisdictions designed, con-
structed, or adapted to carry ballast water that 
are— 
‘‘(i) consistent with the requirements 
of this section, including the deadlines es-
tablished by this section; and 
‘‘(ii) at least as stringent as the re-
quirements issued for such vessels under 
section 312 of the Federal Water Pollution 
Control Act (33 U.S.C. 1322). 
‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL 
VESSELS.—In applying this section to recreational 
vessels less than 50 meters in length that have a 
maximum ballast water capacity of 8 cubic meters, 
the Secretary may issue alternative measures for 
managing ballast water in a manner that is con-
sistent with the requirements of this section. 
‘‘(5) MARAD VESSELS.—Subsection (f) does not 
apply to any vessel in the National Defense Reserve 
Fleet that is scheduled to be disposed of through 
scrapping or sinking. 
‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER 
OR SEDIMENT.—
168 
‘‘(1) PROHIBITION.—The operator of a vessel to 
which this section applies may not conduct the up-
take or discharge of ballast water or sediment in wa-
ters subject to the jurisdiction of the United States 
except as provided in this section. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply to the uptake or discharge of ballast water or 
sediment in the following circumstances: 
‘‘(A) The uptake or discharge is solely for 
the purpose of— 
‘‘(i) ensuring the safety of the vessel 
in an emergency situation; or 
‘‘(ii) saving a life at sea. 
‘‘(B) The uptake or discharge is accidental 
and the result of damage to the vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize ballast water and sedi-
ment discharge have been taken before and 
after the damage occurs, the discovery of 
the damage, and the discharge; and 
‘‘(ii) the owner or officer in charge of 
the vessel did not willfully or recklessly 
cause the damage.
169 
‘‘(C) The uptake or discharge is solely for 
the purpose of avoiding or minimizing the dis-
charge from the vessel of pollution that would 
otherwise violate applicable Federal or State 
law. 
‘‘(D) The uptake or discharge of ballast 
water and sediment occurs at the same location 
where the whole of that ballast water and that 
sediment originated and there is no mixing with 
ballast water and sediment from another area 
that has not been managed in accordance with 
the requirements of this section. 
‘‘(c) 
VESSEL
BALLAST
WATER
MANAGEMENT 
PLAN.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies shall conduct all ballast 
water management operations of that vessel in ac-
cordance with a ballast water management plan de-
signed to minimize the discharge of aquatic nuisance 
species that— 
‘‘(A) meets the requirements prescribed by 
the Secretary by regulation; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) APPROVAL CRITERIA.—
170 
‘‘(A) IN
GENERAL.—The Secretary may 
not approve a ballast water management plan 
unless the Secretary determines that the plan— 
‘‘(i) describes in detail the actions to 
be taken to implement the ballast water 
management 
requirements 
established 
under this section; 
‘‘(ii) describes in detail the procedures 
to be used for disposal of sediment at sea 
and on shore in accordance with the re-
quirements of this section; 
‘‘(iii) describes in detail safety proce-
dures for the vessel and crew associated 
with ballast water management; 
‘‘(iv) designates the officer on board 
the vessel in charge of ensuring that the 
plan is properly implemented; 
‘‘(v) contains the reporting require-
ments for vessels established under this 
section and a copy of each form necessary 
to meet those requirements; and 
‘‘(vi) meets all other requirements 
prescribed by the Secretary. 
‘‘(B) FOREIGN
VESSELS.—The Secretary 
may approve a ballast water management plan
171 
for a foreign vessel on the basis of a certificate 
of compliance issued by the vessel’s country of 
registration if the government of that country 
requires the ballast water management plan for 
that vessel to include information comparable to 
the information required under regulations 
issued by the Secretary. 
‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 
owner or operator of a vessel to which this section 
applies shall— 
‘‘(A) maintain a copy of the vessel’s ballast 
water management plan on board at all times; 
and 
‘‘(B) keep the plan readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the 
vessel is located at all reasonable times. 
‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 
‘‘(1) IN GENERAL.—The owner or operator of a 
vessel to which this section applies shall maintain, in 
English on board the vessel, a ballast water record 
book in which each operation of the vessel involving 
ballast water or sediment discharge is recorded in 
accordance with regulations issued by the Secretary.
172 
‘‘(2) AVAILABILITY.—The ballast water record 
book— 
‘‘(A) shall be kept readily available for ex-
amination by the Secretary and the head of the 
appropriate agency of the State in which the 
vessel is located at all reasonable times; and 
‘‘(B) notwithstanding paragraph (1), may 
be kept on the towing vessel in the case of an 
unmanned vessel under tow. 
‘‘(3) RETENTION PERIOD.—The ballast water 
record book shall be retained— 
‘‘(A) on board the vessel for a period of 3 
years after the date on which the last entry in 
the book is made; and 
‘‘(B) under the control of the vessel’s 
owner for an additional period of 3 years. 
‘‘(4) REGULATIONS.—In the regulations issued 
under this section, the Secretary shall require, at a 
minimum, that— 
‘‘(A) each entry in the ballast water record 
book be signed and dated by the officer in 
charge of the ballast water operation recorded; 
‘‘(B) each completed page in the ballast 
water record book be signed and dated by the 
master of the vessel; and
173 
‘‘(C) at least monthly, the owner or oper-
ator of the vessel transmit to the Secretary all 
the entries entered in the ballast water record 
book during the preceding month, and transmit 
such additional information regarding the bal-
last operations of the vessel as the Secretary 
may require. 
‘‘(5) 
ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide, by regula-
tion, for alternative methods of recordkeeping, in-
cluding electronic recordkeeping, to comply with the 
requirements of this subsection. Any electronic rec-
ordkeeping method authorized by the Secretary shall 
support the inspection and enforcement provisions of 
this Act and shall comply with applicable standards 
of the National Institute of Standards and Tech-
nology and the Office of Management and Budget 
governing reliability, integrity, identity authentica-
tion, and nonrepudiation of stored electronic data. 
‘‘(e) 
BALLAST
WATER
EXCHANGE
REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—Until a vessel is re-
quired to conduct ballast water treatment in ac-
cordance with subsection (f), the operator of a
174 
vessel to which this section applies may not dis-
charge ballast water in waters subject to the ju-
risdiction of the United States, except after— 
‘‘(i) conducting ballast water exchange 
as required by this subsection, in accord-
ance with regulations issued by the Sec-
retary; 
‘‘(ii) using ballast water treatment 
technology that meets the performance 
standards of subsection (f); or 
‘‘(iii) using environmentally sound al-
ternative ballast water treatment tech-
nology if the Secretary determines that 
such treatment technology is at least as ef-
fective as the ballast water exchange re-
quired by clause (i) in preventing and con-
trolling the introduction of aquatic nui-
sance species. 
‘‘(B) BALLAST
WATER
REGULATIONS.— 
Ballast water exchange regulations developed 
under subparagraph (A)(i) shall contain— 
‘‘(i) a provision for ballast water ex-
change that requires— 
‘‘(I) at least 1 empty-and-refill 
cycle, outside the exclusive economic
175 
zone or in an alternative exchange 
area designated by the Secretary, of 
each ballast tank that contains ballast 
water to be discharged into waters of 
the United States; or 
‘‘(II) for a case in which the 
master of a vessel determines that 
compliance 
with 
the 
requirement 
under subclause (I) is impracticable, a 
sufficient number of flow-through ex-
changes of ballast water, outside the 
exclusive economic zone or in an alter-
native exchange area designated by 
the Secretary, to achieve replacement 
of at least 95 percent of ballast water 
in ballast tanks of the vessel, as deter-
mined by a certification dye study 
conducted or model developed by the 
Secretary and recorded in the ballast 
water management plan of the vessel 
pursuant to subsection (c)(2)(A)(i); 
and 
‘‘(ii) if a ballast water exchange is not 
undertaken pursuant to subsection (h), a 
contingency procedure that requires the
176 
master of a vessel to use the best prac-
ticable technology or practice to treat bal-
last discharge. 
‘‘(C) TECHNOLOGY
EFFICACY.—For pur-
poses of this paragraph, a ballast water treat-
ment technology shall be considered to be at 
least as effective as the ballast water exchange 
required by clause (i) in preventing and control-
ling the introduction of aquatic nuisance species 
if preliminary experiments prior to installation 
of the technology aboard the vessel demonstrate 
that the technology meets the ballast water dis-
charge standard provided under Regulation D– 
2 of the International Convention for the Con-
trol and Management of Ships’ Ballast Water 
and Sediments as signed on February 13, 2004. 
‘‘(2) GUIDANCE; 5-YEAR USAGE.— 
‘‘(A) GUIDANCE.—Not later than one year 
after the date of enactment of the Ballast 
Water Treatment Act of 2008, the Secretary 
shall develop and issue guidance on technology 
that may be used under paragraph (1)(A)(iii). 
‘‘(B) 5-YEAR USAGE.—The Secretary shall 
allow a vessel using environmentally-sound al-
ternative ballast treatment technology under
177 
paragraph (1)(A)(iii) to continue to use that 
technology for 5 years after the date on which 
the environmentally-sound alternative ballast 
water treatment technology was first placed in 
service on the vessel or the date on which treat-
ment requirements under subsection (f) become 
applicable, whichever is later. 
‘‘(3) EXCHANGE AREAS.— 
‘‘(A) VESSELS
OUTSIDE
THE
UNITED 
STATES EEZ.—The operator of a vessel en route 
to a United States port or place from a port or 
place outside the waters subject to the jurisdic-
tion of the United States shall conduct ballast 
water exchange— 
‘‘(i) before arriving at a United States 
port or place; 
‘‘(ii) at least 200 nautical miles from 
the nearest point of land; and 
‘‘(iii) in water at least 200 meters in 
depth. 
‘‘(B) COASTAL VOYAGES.—The operator of 
a vessel originating from a port or place within 
the United States exclusive economic zone, or 
from a port within 200 nautical miles of the 
United States in Canada, Mexico, or other ports
178 
designated by the Secretary for purposes of this 
section, shall conduct ballast water exchange— 
‘‘(i) at least 50 nautical miles from 
the nearest point of land; and 
‘‘(ii) in water at least 200 meters in 
depth. 
‘‘(4) SAFETY OR STABILITY EXCEPTION.— 
‘‘(A) 
SECRETARIAL
DETERMINATION.— 
Paragraph (3) does not apply to the discharge 
of ballast water if the Secretary determines that 
compliance with that paragraph would threaten 
the safety or stability of the vessel, its crew, or 
is passengers. 
‘‘(B) MASTER
OF
THE
VESSEL
DETER-
MINATION.—Paragraph (3) does not apply to 
the discharge of ballast water if the master of 
a vessel determines that compliance with that 
paragraph would threaten the safety or stability 
of the vessel, its crew, or its passengers because 
of adverse weather, equipment failure, or any 
other relevant condition. 
‘‘(C) NOTIFICATION
REQUIRED.—When-
ever the master of a vessel is unable to comply 
with the requirements of paragraph (3) because
179 
of a determination made under subparagraph 
(B), the master of the vessel shall— 
‘‘(i) notify the Secretary as soon as 
practicable thereafter but no later than 24 
hours after making that determination and 
shall ensure that the determination, the 
reasons for the determination, and the no-
tice are recorded in the vessel’s ballast 
water record book; and 
‘‘(ii) undertake ballast water ex-
change— 
‘‘(I) in an alternative area that 
may be designated by the Secretary, 
after consultation with the Under Sec-
retary, and other appropriate Federal 
agencies as determined by the Sec-
retary, and representatives of States 
the waters of which may be affected 
by the discharge of ballast water; or 
‘‘(II) in accordance with para-
graph (6) if safety or stability con-
cerns prevent undertaking ballast 
water exchange in the alternative 
area.
180 
‘‘(D) REVIEW OF CIRCUMSTANCES.—If the 
master of a vessel conducts a ballast water dis-
charge under the provisions of this paragraph, 
the Secretary shall review the circumstances to 
determine whether the discharge met the re-
quirements of this paragraph. 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
HARDSHIP 
WAIVER.—If, because of the short length of a 
voyage, the operator of a vessel is unable to dis-
charge ballast water in accordance with the re-
quirements of paragraph (3)(B) without sub-
stantial business hardship, as determined under 
regulations issued by the Secretary, the oper-
ator may request a waiver from the Secretary 
and discharge the ballast water in accordance 
with paragraph (6). A request for a waiver 
under this subparagraph 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 sub-
181 
stantial business hardship shall include wheth-
er— 
‘‘(i) compliance with the requirements 
of paragraph (3)(B) would require a suffi-
ciently great change in routing or sched-
uling of service as to compromise the eco-
nomic 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 service provided will 
be continued only if a waiver is granted 
under subparagraph (A). 
‘‘(6) PERMISSIBLE DISCHARGE.— 
‘‘(A) IN GENERAL.—The discharge of bal-
last 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 consulta-
tion with the Under Secretary, the heads 
of other appropriate Federal agencies as 
determined by the Secretary, and rep-
resentatives of any State that may be af-
fected by discharge of ballast water in that 
area; or
182 
‘‘(ii) into a reception facility described 
in subsection (f)(2). 
‘‘(B) LIMITATION ON VOLUME.—The vol-
ume of any ballast water discharged under this 
paragraph may not exceed the volume necessary 
to ensure the safe operation of the vessel. 
‘‘(7) 
CERTAIN
GEOGRAPHICALLY
LIMITED 
ROUTES.—Notwithstanding paragraph (1), the oper-
ator of a vessel is not required to comply with the 
requirements of this subsection and subsection 
(h)(1)— 
‘‘(A) if the vessel operates exclusively— 
‘‘(i) within the Great Lakes eco-
system; or 
‘‘(ii) between or among the main 
group of the Hawaiian Islands; or 
‘‘(B) if the vessel operates exclusively with-
in any area with respect to which the Secretary 
has determined, after consultation with the 
Under Secretary, the Administrator, and rep-
resentatives of States the waters of which would 
be affected by the discharge of ballast water 
from the vessel, that the risk of introducing 
aquatic nuisance species through ballast water
183 
discharge in the areas in which the vessel oper-
ates is insignificant. 
‘‘(8) NATIONAL
MARINE
SANCTUARIES
AND 
OTHER PROHIBITED AREAS.— 
‘‘(A) IN GENERAL.—A vessel may not con-
duct ballast water exchange or discharge ballast 
water under this subsection— 
‘‘(i) within a national marine sanc-
tuary designated under the National Ma-
rine Sanctuaries Act (16 U.S.C. 1431 et 
seq.); 
‘‘(ii) a marine national monument 
designated under the Act of June 8, 1906 
(chapter 3060; 16 U.S.C. 433 et seq.), 
popularly known as the Antiquities Act of 
1906; 
‘‘(iii) a national park; 
‘‘(iv) in waters that are approved by 
the Administrator as a nondischarge zone 
under section 312(n)(7) of the Federal 
Water Pollution Control Act (33 U.S.C. 
1322(n)(7)); or 
‘‘(v) in any other waters designated by 
the Secretary, in consultation with the 
Under Secretary and the Administrator.
184 
‘‘(B) ADDITIONAL AREAS.—The Secretary 
shall, after consultation with the Under Sec-
retary, the Administrator, and other appro-
priate Federal and State agencies, as deter-
mined by the Secretary, and opportunity for 
public comment, establish criteria for desig-
nating additional areas in which, due to their 
sensitive ecological nature, restrictions on the 
discharge of vessel ballast water or sediment 
containing aquatic nuisance species are war-
ranted. 
‘‘(C) STATE
WATERS.—The Governor of 
any State may submit a written petition to the 
Secretary to designate an area of State waters 
that meets the criteria established under sub-
paragraph (B) of this paragraph. The petition 
shall include a detailed analysis as to how the 
area proposed to be designated meets those cri-
teria. An area may not be designated under this 
paragraph until the Secretary determines, based 
on evidence provided by the Governor, that ade-
quate alternative areas or reception facilities for 
discharging ballast water or sediment are avail-
able. Within 180 days after receiving such a pe-
tition, the Secretary shall—
185 
‘‘(i) make a determination as to 
whether the proposal meets the require-
ments of this paragraph for designation; 
and 
‘‘(ii) either— 
‘‘(I) publish a written notice of 
the petition and the proposed restric-
tions in the Federal Register; or 
‘‘(II) notify the Governor in writ-
ing that the area proposed for des-
ignation does not qualify for designa-
tion under this paragraph and include 
in the notice a detailed explanation of 
why the area does not qualify for des-
ignation under this paragraph. 
‘‘(D) 
PROCEDURE; 
DEADLINE.—Before 
designating any area in response to a petition 
under subparagraph (C), the Secretary, after 
providing an opportunity for public comment, 
shall publish notice in the Federal Register of 
the proposed designation. The Secretary and 
the Under Secretary shall make such informa-
tion available through other appropriate mecha-
nisms, including a notice to mariners and inclu-
sion on nautical charts.
186 
‘‘(E) EFFECT ON STATE LAW.—Nothing in 
this paragraph supersedes any State law in ef-
fect as of January 1, 2007, that restricts the 
discharge of ballast water or sediment in State 
waters and requires such discharges to be made 
into reception facilities. 
‘‘(9) VESSELS
WITHOUT
PUMPABLE
BALLAST 
WATER OR WITH NO BALLAST ON BOARD.—Not later 
than 180 days after the date of enactment of the 
Ballast Water Treatment Act of 2008, the Secretary 
shall promulgate regulations to minimize the dis-
charge of invasive species from vessels entering a 
United States port or place from outside the United 
States exclusive economic zone that do not exchange 
their ballast water pursuant to paragraph (1)(A)(iii) 
of this subsection and claim no ballast on board, or 
that claim to be carrying only unpumpable quan-
tities of ballast, including, at a minimum, a require-
ment that— 
‘‘(A) such a ship shall conduct saltwater 
flushing of ballast water tanks— 
‘‘(i) outside the exclusive economic 
zone; or 
‘‘(ii) at a designated alternative ex-
change site; and
187 
‘‘(B) before being allowed entry into the 
Great Lakes beyond the St. Lawrence Seaway, 
the master of such a vessel shall certify that the 
vessel has complied with each applicable re-
quirement under this subsection. 
The vessels to which this paragraph applies shall 
conduct ballast water treatment in accordance with 
subsection (f) when it applies. 
‘‘(f) 
BALLAST
WATER
TREATMENT
REQUIRE-
MENTS.— 
‘‘(1) PERFORMANCE STANDARDS.—A vessel to 
which this section applies shall conduct ballast water 
treatment in accordance with the requirements of 
this subsection before discharging ballast water in 
waters subject to the jurisdiction of the United 
States so that the ballast water discharged will con-
tain— 
‘‘(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 microm-
eters in minimum dimension;
188 
‘‘(C) concentrations of indicator microbes 
that are less than— 
‘‘(i) 
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 esch-
erichia coli per 100 milliliters; and 
‘‘(iii) 33 colony-forming units of intes-
tinal enterococci per 100 milliliters; and 
‘‘(D) concentrations of such additional in-
dicator microbes and of viruses as may be spec-
ified in regulations issued by the Secretary and 
the Administrator, after consultation with other 
appropriate Federal agencies as determined by 
the Secretary and the Administrator, that are 
less than the amount specified in those regula-
tions. 
‘‘(2) RECEPTION FACILITY EXCEPTION.— 
‘‘(A) IN
GENERAL.—Paragraph (1) does 
not apply to a vessel that discharges ballast 
water into—
189 
‘‘(i) a land-based facility for the re-
ception of ballast water that meets stand-
ards issued by the Administrator; or 
‘‘(ii) a water-based facility for the re-
ception of ballast water that meets stand-
ards issued by the Secretary. 
‘‘(B) 
ISSUANCE
OF
STANDARDS.—Not 
later than one year after the date of enactment 
of the Ballast Water Treatment Act of 2008, 
the Secretary, in consultation with the heads of 
other appropriate Federal agencies as deter-
mined by the Secretary, shall issue standards 
for— 
‘‘(i) the reception of ballast water in 
land-based and water-based reception fa-
cilities; 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. 
‘‘(3) TREATMENT SYSTEM IMPLEMENTATION.— 
‘‘(A) IMO STANDARD IMPLEMENTATION.— 
A vessel to which this section applies shall have 
a ballast water treatment system that meets the 
standards provided under Regulation D–2 of
190 
the International Convention for the Control 
and Management of Ships’ Ballast Water and 
Sediments as signed on February 13, 2004, be-
ginning on the date of the first drydocking of 
the vessel after December 31, 2008. 
‘‘(B) UNITED STATES STANDARD IMPLE-
MENTATION.—Paragraph (1) applies to a vessel 
to which this section applies beginning on the 
date of the first drydocking of the vessel after 
December 31, 2011, but not later than Decem-
ber 31, 2013. 
‘‘(C) PERIOD FOR USE OF EQUIPMENT.— 
The Secretary shall allow a vessel using a treat-
ment system installed under this subsection to 
continue to use that system for 10 years after 
the date on which that system was first placed 
in service on the vessel. 
‘‘(4) TREATMENT
SYSTEM
APPROVAL
RE-
QUIRED.—The operator of a vessel to which this sec-
tion applies may not use a ballast water treatment 
system to comply with the requirements of this sub-
section unless the system is approved by the Sec-
retary. The Secretary, in consultation with the Ad-
ministrator, shall issue regulations establishing a 
process for such approval, after consultation with
191 
the heads of other appropriate Federal agencies as 
determined by the Secretary. 
‘‘(5) RELIANCE ON CERTAIN REPORTS, DOCU-
MENTS, 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.— 
‘‘(A) IN GENERAL.—Not less than 2 years 
before January 1, 2012, the Secretary, in con-
sultation with the Administrator, shall complete 
a review to determine whether appropriate tech-
nologies are available to achieve the perform-
ance standards set forth in paragraph (1). In 
reviewing the technologies the Secretary, the 
Administrator, and the heads of other appro-
priate Federal agencies as determined by the 
Secretary, shall consider— 
‘‘(i) the effectiveness of a technology 
in achieving the standards; 
‘‘(ii) feasibility in terms of compat-
ibility with ship design and operations; 
‘‘(iii) safety considerations;
192 
‘‘(iv) whether a technology has an ad-
verse impact on the environment; and 
‘‘(v) cost effectiveness. 
‘‘(B) DELAY
IN
SCHEDULED
APPLICA-
TION.—If the Secretary, in consultation with 
the Administrator, determines, on the basis of 
the review conducted under subparagraph (A), 
and after an opportunity for a public hearing, 
that technology that complies with the stand-
ards set forth in paragraph (1) in accordance 
with the schedule set forth in paragraph (3) is 
not available for any class of vessels, the Sec-
retary shall require use of technology that 
achieves the performance levels of the best per-
forming technology available. If the Secretary 
finds that no technology is available that will 
achieve the standards set forth in paragraph 
(1), then the Secretary shall— 
‘‘(i) extend the date on which that 
paragraph applies to vessels for a period of 
not more than 24 months; and 
‘‘(ii) recommend action to ensure that 
compliance with the extended date schedule 
for that subparagraph is achieved.
193 
‘‘(C) MORE PROTECTIVE STANDARDS; EAR-
LIER IMPLEMENTATION.— 
‘‘(i) PERFORMANCE
STANDARDS.—If 
the Secretary and the Administrator deter-
mine that ballast water treatment tech-
nology exists that exceeds the performance 
standards required under paragraph (1), 
the Secretary and the Administrator shall, 
for any class of vessels, revise the perform-
ance standards to incorporate the higher 
performance standards. 
‘‘(ii) IMPLEMENTATION.—If the Sec-
retary and the Administrator determine 
that technology that achieves the applica-
ble performance standards required under 
paragraph (1) can be implemented earlier 
than required by this subsection, the Sec-
retary and the Administrator shall, for any 
class of vessels, accelerate the implementa-
tion schedule under paragraph (3). If the 
Secretary and the Administrator accelerate 
the implementation schedule pursuant to 
this clause, the Secretary and the Adminis-
trator shall provide at least 24 months no-