S.Amdt. 21

SA 21. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:

After section 2, insert the following:

SEC. __. REGULATION OF PETROLEUM COKE AS A HAZARDOUS WASTE.

(a) In General.--Section 3001(e) of the Solid Waste
Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the
end the following:
``(3) Petroleum Coke.--As soon as practicable after the
date of enactment of this paragraph and notwithstanding any
other provision of this Act, the Administrator shall list as
a hazardous waste under subsection (b)(1) petroleum coke.''.
(b) Requirements for Handling and Transportation of
Petroleum Coke.--Section 3003 of the Solid Waste Disposal Act
(42 U.S.C. 6923) is amended by adding at the end the
following:
``(d) Handling and Transportation of Petroleum Coke.--As
soon as practicable after the date of enactment of this
subsection, the Administrator, in consultation with the
Secretary of Transportation, shall promulgate regulations to
ensure that any handler or transporter of petroleum coke
stores the petroleum coke at all times in an enclosed
building or container.''.
(c) Definition of Hazardous Substance.--Section 101(14) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(14)) is amended in the
second sentence by inserting ``(other than petroleum coke)''
after ``petroleum''.
______