Costa Rica Implements New Regulation to Strengthen Chemical Accident Prevention and Response

Costa Rica has issued the Regulation for the Prevention, Preparation, and Response to Chemical Accidents (Decree No. 44741-S-MAG), a comprehensive regulatory framework designed to minimize risks associated with the handling of hazardous chemicals. Published in the Official Gazette, this regulation reflects Costa Rica’s commitment to protecting public health and environmental sustainability while meeting its obligations as a member of the Organization for Economic Cooperation and Development (OECD).

Main Objectives and Scope

The regulation aims to establish guidelines for preventing, preparing for and responding to chemical accidents in facilities that handle hazardous substances. It addresses critical aspects such as safe handling practices, emergency preparedness, and post-accident response to protect human health, reduce economic losses and mitigate environmental impacts. The regulation applies to facilities involved in the import, manufacture, storage, distribution, and processing hazardous chemicals. However, certain activities, such as transportation and mining operations, are excluded from its scope.

Key Elements of the Regulation:

1. Risk Classification

Facilities must classify their risk level using a methodology provided in the Regulation. Facilities with higher quantities of hazardous chemicals or increased exposure risks are categorized as high-risk facilities and are subject to stricter controls, including mandatory emergency plans.

2. Emergency Response Plans

High-risk facilities are required to submit and implement a Prevention, Preparation, and Response Plan for Chemical Accidents. This plan must include:

• Risk reduction measures.

• Coordination with local communities and emergency services.

• Detailed procedures for handling emergencies, including spills, fires, and explosions.

3. Community Engagement

Facilities must educate surrounding communities about potential risks and emergency protocols. This includes conducting simulations, sharing information about hazardous substances on site, and establishing clear emergency communication channels.

4. Regulatory Oversight

The Ministry of Health and the National Animal Health Service (SENASA) will oversee compliance. The Benemérito Cuerpo de Bomberos de Costa Rica (BCBCR) will prioritize inspections based on risk levels and ensure that facilities meet safety standards.

5. Post-Accident Reporting

In the event of a chemical accident, facilities must submit a detailed report within 20 business days, that includes:

• Causes and timeline of the accident.

• Health and environmental impacts.

• Measures taken to reduce risks and prevent recurrence.

6. Penalties for Non-Compliance

Non-compliance may result in fines, suspension of operating permits, or closure of the facility. Persistent violations may result in criminal charges. Additionally, abandoned hazardous chemicals may be donated to government institutions or universities for safe disposal.

Compliance Deadline

The regulation will take effect six months after publication, on 5 May 2025.  High-risk facilities must develop and submit their emergency plans within this timeframe. This regulation imposes new responsibilities on companies that handle hazardous chemicals while providing a framework to enhance public safety and environmental protection. By fostering collaboration between businesses, communities and authorities, the country aims to create a safer, more sustainable environment for all.

For more details, stakeholders are encouraged to review the full text of Decree No. 44741-S-MAG, which is available in the Official Gazette (In Spanish) .