This exemption covers rainwater run-off, bilge water and engine cooling water.

The exemption was overturned by a federal court in 2006 in a case focused exclusively on ballast water discharged from commercial vessels that dumps invasive foreign aquatic species into the US eco-system.

Around 99% of recreational boats do not have ballast tanks. According to Matt Dunn, manager, Natural Resources & Economic Policy at the National Marine Manufacturers Association (NMMA), boaters will face yearly fees, bureaucratic red tape, confusing and potential state-by-state regulations, citizen lawsuits and $32,000 per day penalties for non-compliance if this act is not passed.

The good news is that the act has bi-partisan support and has been passed through the appropriate House of Representatives and Senate Committees. It’s now awaiting full House and Senate approval and then President Bush’s signature.

The bad news is that the act needs to be passed by the beginning of September and both the House of Representatives and Senate take the month of August off...

There is a concern that some commercial boats are trying to attach themselves to the act, which could attract the attention and ire of environmental activists with the attendant negative consequences.

Add the fact that this is also an election year with its potential for populist posturing thus getting the act out by the end of July is by no means a certainty.