‘‘(cc) 
colony-forming 
units of intestinal enterococci per 
100 milliliters; and 
‘‘(IV) concentrations of such ad-
ditional indicator microbes as may be 
specified in regulations promulgated 
by the Secretary, in consultation with 
the Administrator, that are less than 
the quantities specified in those regu-
lations; or 
‘‘(ii) comply with an alternative stand-
ard that is at least as protective as the 
standards under clause (i), as determined 
by the Secretary. 
‘‘(C) BEST PERFORMING TREATMENT.— 
‘‘(i) IN
GENERAL.—Not later than 
December 31, 2012, the Secretary, in con-
sultation with the Administrator, based on 
technology assessments implemented before 
July 31, 2012, shall determine whether 
technologies exist that provide for the 
achievement of the standards described in 
subparagraph (B). 
‘‘(ii) 
MODIFICATION
OF
STAND-
ARDS.—If the Secretary, in consultation 
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with the Administrator, determines under 
clause (i) that no technology exists that 
provides for the achievement of the stand-
ards described in subparagraph (B), the 
Secretary shall modify the standards to re-
quire vessels to discharge ballast water 
that has been treated with a treatment sys-
tem that is among the best-performing 25 
percent of treatment systems that meet the 
applicable ballast discharge standard of the 
International Maritime Organization. 
‘‘(D) RECEPTION FACILITY EXCEPTION.— 
‘‘(i) IN GENERAL.—The requirements 
of this paragraph shall not apply to a ves-
sel that discharges ballast water into a 
land-based or water-based facility for the 
reception of ballast water that meets each 
applicable standard under clause (ii). 
‘‘(ii) APPLICABLE
STANDARDS.—Not 
later than 1 year after the date of enact-
ment of the Great Lakes Collaboration Im-
plementation Act, the Administrator and 
the Secretary shall jointly promulgate 
standards for— 
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‘‘(I) the reception of ballast 
water in land-based and water-based 
reception facilities; and 
‘‘(II) the disposal or treatment of 
received ballast water in a manner 
that does not damage the environ-
ment, human health, property, or re-
sources. 
‘‘(4) REVIEW AND REVISION.—The Secretary, 
in concurrence with the Administrator, shall review 
and revise, not less frequently than once every 3 
years— 
‘‘(A) any determination relating to the de-
termination under paragraph (3)(C)(i); and 
‘‘(B) any modification of a standard under 
paragraph (3)(C)(ii). 
‘‘(5) CERTIFICATION
OF
TREATMENTS
AND 
PRACTICES.— 
‘‘(A) IN
GENERAL.—Not later than the 
date on which regulations are promulgated pur-
suant to paragraphs (2) and (3), the Secretary 
shall, with the concurrence of the Adminis-
trator, promulgate regulations for— 
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‘‘(i) the certification of treatments or 
practices the performances of which com-
ply with the regulations; and 
‘‘(ii) on-going enforcement of the ef-
fective use of the certified treatments or 
practices. 
‘‘(B) CERTIFICATION OF BALLAST WATER 
EXCHANGE PROCEDURES.—The certification of 
ballast water exchange procedures in compli-
ance with the regulations promulgated pursuant 
to paragraph (2) shall be based on a qualified 
type-approval process, including a protocol in-
volving dye studies or models detailing flow dy-
namics of a vessel or class of vessels described 
in paragraph (2)(A)(ii) for demonstrating the 
number of flow-through exchanges necessary for 
such a vessel to meet the percentage purge re-
quirements associated with the flow-through 
technique for ballast water exchange. 
‘‘(C) CERTIFICATION OF ALL OTHER BAL-
LAST
WATER
DISCHARGE
TREATMENTS.—The 
certification of treatments in compliance with 
the regulations promulgated pursuant to para-
graph (1)(B) shall be based on a qualified type- 
approval process that— 
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