(Updated February 2020)
The Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA) was signed into law on January 11, 2002. The Act amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by adding Section 128(a). State response programs that receive Section 128(a) funding must establish and maintain a public record. In Nebraska, the State Response program is the Voluntary Cleanup Program (VCP). As required by the SBLRBRA, the Public Record is a list of sites at which response actions have been completed during the previous year, or are planned to be addressed in the upcoming year. In addition, this Public Record identifies sites that have completed the VCP process prior to the reporting year. The Public Record is required to indicate whether a site, upon completion of the response action, will be suitable for unrestricted land use and, if not, shall identify the institutional controls relied on in the remedy. A separate institutional control tracking system has been developed to address this requirement and a report is included as an attachment to the Public Record. Although not required by the SBLRBRA, the institutional control tracking system also identifies Superfund National Priority List (NPL) and Resource Conservation and Recovery Act (RCRA) sites that are not suitable for unrestricted land use and have institutional controls.