New Regulation strengthens prevention and response to chemical accidents in Costa Rica

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Luis Palacios Director Costa Rica E-mail

Until recently, chemical accidents were treated in the same way as other types of accidents, a problematic approach since the authorities must adapt any response to the specific threat involved. In the case of chemical substances, it is essential to have precise knowledge of the products handled at a given facility and the potential reactions they may cause. The Regulation for the Prevention, Preparedness, and Response to Chemical Accidents (Executive Decree 44741-S-MAG), to take effect in May 2025, requires all companies handling chemical substances to conduct a chemical risk assessment of their facilities and share information on substance management with health authorities and fire departments. Below, we highlight the key aspects of this new regulation:

1. Obligation to Classify the Risk of Facilities

The regulation establishes that facilities handling or storing chemical substances must conduct a risk analysis related to the substances they handle. To achieve this, companies must create a detailed inventory of the chemical substances present at the facility, compare such substances with the limits established in the regulation, and conduct this analysis with the assistance of a professional registered with the College of Chemists or the College of Chemical Engineers.

2. Plan for Prevention, Preparedness, and Response to Chemical Accidents

Facilities classified as high-risk based on the risk analysis mentioned in point 1 are required to submit an Emergency Response Plan, which must include:

• Risk Reduction Program: This program outlines prevention policies, a description of potential accidents, control measures, and emergency response procedures for incidents such as leaks, fires, or spills.
• Community Coordination Program: This program seeks to ensure the preparedness of neighboring communities through risk awareness, alert mechanisms, and simulation exercises.

3. Sworn Declaration and Notification of Modifications

Facilities that handle or store chemical substances, regardless of their level of risk, are required to submit a sworn declaration to the Ministry of Health or SENASA that include:

• The facility’s geolocation.
• List of chemical substances present, including their names, quantities, and classifications.
• Description of processes and activities carried out at the facility.
• Identification of hazardous chemical substances that a chemical accident could releaseand their release mechanisms.
• Potential impact on infrastructure, population, and nearby water bodies.

Additionally, any changes that affect the facility’s risk classification must be reported to the Ministry of Health or SENASA within a maximum of three months. While this regulation introduces a series of new obligations for a wide range of companies and existing operations, it represents a significant step forward in safety, community protection, and environmental preservation. If properly implemented, the regulation will strengthen emergency response capabilities and contribute to the sustainability and well-being of the country.