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THE STRUCTURE OF ENVIRONMENTAL CONTROL AND ANALYSIS IN COSTA RICA

Updated: May 5

Regulatory Frameworks and Key Actors






1. INTRODUCTION


1.1 | Overview of Costa Rica's Environmental Control Framework


Costa Rica has obtained significant international recognition for its commitment to environmental conservation and sustainable development. This commitment is based on a legal framework that establishes the responsibility of the State to guarantee a healthy and ecologically balanced environment for its inhabitants, implementing controls to promote the rational use of natural resources. The Organic Law of the Environment, Law No. 7554, serves as the cornerstone of this framework, outlining environmental protection duties and establishing key institutional structures for environmental management and control. Central to this structure is the Ministry of Environment and Energy (MINAE), the main government entity charged with safeguarding the nation's natural resources through the development and application of regulations, controls, administrative procedures and legislation covering environmental management and energy exploitation. MINAE's mission explicitly includes contributing to the improvement of the quality of life of the country's inhabitants by promoting the sustainable management, conservation and development of environmental resources under its jurisdiction, which involves establishing and enforcing environmental controls.


1.2 | Importance of Environmental Analysis for Control


Within Costa Rica's environmental management system, environmental testing and analysis activities are fundamental instruments for the implementation and verification of environmental controls. These analyzes are essential to evaluate the quality of environmental media (air, water, soil), verify compliance with established environmental regulations and permit conditions (i.e., effectiveness of controls), evaluate the effectiveness of pollution control measures and environmental policies, and ultimately protect public health and the integrity of ecosystems. The systematic generation of reliable, comparable and timely environmental data through monitoring and analysis programs is crucial for informed decision making by authorities, regulated entities and the public regarding the effectiveness of environmental controls. This data supports trend analysis, identification of emerging environmental issues, development of mitigation strategies, and public reporting on environmental status and compliance with controls.


1.3 | Purpose and Scope of the Report


This report aims to provide a detailed description of the environmental controls implemented by the main government authorities of Costa Rica and the required analyzes associated with said controls. The analysis focuses on the frameworks used by the Ministry of Environment and Energy (MINAE) and its relevant directorates (including the Directorate of Environmental Quality Management - DIGECA, the Directorate of Water - DA, the National System of Conservation Areas - SINAC and the National Meteorological Institute - IMN), the National Environmental Technical Secretariat (SETENA), the Ministry of Health (MINSA) and the Costa Rican Institute of Aqueducts and Sewers (AyA). It examines how these controls and analyzes are structured based on several key dimensions: environmental (air, water, soil, waste), type of contaminant or parameter (chemical, physical, biological, microbiological), regulatory purpose (for example, control requirements of the Environmental Impact Assessment, compliance with specific laws or decrees that establish controls) and the structure of specific monitoring programs or networks that perform the necessary analyses. The analysis is based primarily on the control structures and analysis requirements discernible from documented laws, regulations, decrees, and government programs of Costa Rica. While detailed descriptions of internal agency procedures are not always publicly available on agency websites, the existing legal and programmatic framework provides a solid foundation for understanding the structure of environmental controls and analyzes required in the country.



2. KEY REGULATION AND CONTROL AGENCIES IN COSTA RICA


2.1 | Ministry of Environment and Energy (MINAE): The Central Control Authority


MINAE acts as the central government agency responsible for the administration of Costa Rica's environmental and energy resources. Its mandate covers the protection of natural resources and the comprehensive management of the environmental and energy sectors through regulation, control mechanisms, administrative procedures and legislative initiatives. A central objective is to improve the quality of life of the nation's inhabitants by promoting the sustainable management, conservation and development of the elements, goods, services and environmental resources that have been entrusted to it by law or international agreements, which requires the implementation of effective controls.


While MINAE has overall responsibility, the practical implementation of monitoring and analysis environmental, along with its specific structuring for the purposes of control, is largely delegated to specialized directorates and technical bodies that operate under its umbrella or in close coordination with it.28 This structure suggests a model where controls specific and analysis Required requirements are defined within the mandates and regulations relevant to these specialized units, rather than through a single, unified system at the ministerial level. This decentralized but coordinated approach allows for a focused experience on different media and environmental problems for better application of the controls. The key entities within or linked to MINAE involved in the controls and analysis Environmental agencies include DIGECA, DA, SINAC, IMN and SETENA.35


2.2 | Directorate of Environmental Quality Management (DIGECA)


Operating within MINAE, the Directorate of Environmental Quality Management (DIGECA) plays a significant role in managing aspects related to environmental pollution control and quality. Its areas of focus include the management and control of chemicals, the promotion of sustainable production and consumption, environmental assessment of agricultural inputs, environmental labeling programs and, importantly, the management and control of air quality and aspects of waste management. DIGECA's participation in the development of air quality plans and pollutant emissions inventories, as well as its possible connection with tools such as the Pollutant Emissions and Transfer Registry (RETC) mentioned in regulations 44, points to its role in structuring analyzes related to the control of industrial activities and sources of chemical pollution. The focus on "Environmental Quality Management" means that analyzes under DIGECA's purview are likely to be structured according to the types of pollutants (such as criteria air pollutants, hazardous chemicals or specific waste parameters) and the requirements of specific regulatory programs aimed at pollution control and chemical safety.


2.3 | Water Directorate (DA)


The Water Directorate (DA), also part of MINAE, acts as Costa Rica's main authority for the management and control of water resources. Its responsibilities include regulating the use and exploitation of water, managing water quality in different bodies and preventing water pollution through controls. A primary function of the DA is the administration of the National Water Quality Monitoring Program, which requires specific analyses. This program encompasses structured plans to monitor and perform analysis on both surface water and groundwater resources.


The existence of these different national monitoring plans clearly indicates that the DA structures the analysis of water quality mainly due to type of body of water (surface or underground) for purposes of control. The surface water monitoring plan, for example, details a network of approximately 160 monitoring points distributed in 32 main hydrographic basins, demonstrating additional structuring based on the geography (watershed and specific monitoring site) for the analysis.45 The analysis Within these programs they are also driven by specific regulations, such as Decree No. 33903-MINAE-S, which establishes the methodology to classify surface water bodies based on analysis of physical, chemical and biological parameters, serving as a tool for control quality.20 Additionally, the DA supervises the National Information System for the Integrated Management of Water Resources (SINIGIRH), a platform designed to consolidate and disseminate water data. analysis water2, and the Real-Time Aquifer Monitoring System (SIMASTIR)2, which provides continuous data of analysis of groundwater monitoring wells. It is likely that these systems reflect the structures of analysis used in monitoring plans for control of water resources.


2.4 | National System of Conservation Areas (SINAC)


The National System of Conservation Areas (SINAC) is another key entity that operates under MINAE. Its main mandate involves the administration and management of Costa Rica's extensive network of protected wildlife areas, including national parks, forest reserves, biological reserves and wildlife refuges, as well as the supervision and control of the management of forest resources outside these areas. SINAC also works closely with the National Commission for Biodiversity Management (CONAGEBIO).


Given its focus on geographically defined areas and specific ecological resources, monitoring and analysis carried out or supervised by SINAC are likely to be structured mainly by geographic location (i.e. within specific Conservation Areas or Protected Areas) and by ecological approach for purposes of control. This would cover analysis related to the state of biodiversity, the health of ecosystems, the conditions of forest resources, the health of wildlife populations and the quality of water resources originating from or flowing through protected lands, as part of their management functions. control.34 SINAC's role in authorizing research permits and its participation in procedures to authorize water use within protected areas further suggests that analysis related to these specific activities fall under its purview and are structured accordingly for the control of such activities.7 


2.5 | National Environmental Technical Secretariat (SETENA)


The National Environmental Technical Secretariat (SETENA) functions as an entity with maximum deconcentration within the MINAE. Its fundamental purpose is the administration of the Environmental Impact Assessment (EIA) process, a key instrument of preventive control, for activities, works or projects (AOP) proposed throughout the country. SETENA analyzes EIA studies and determines Environmental Viability (VLA), essentially issuing or denying the required environmental licenses before projects can begin, thus exercising prior control.6


Consequently, SETENA's participation in the analysis environmental is structured mainly by its regulatory control purpose within the framework of the EIA. are required analysis as part of the assessment phase to predict potential environmental effects and inform decision-making on project feasibility. The specific type and scope of the analysis necessary are additionally structured based on the potential level of environmental impact of the proposed AOP, which dictates the required EIA instrument (e.g., D1+DJCA, P-PGA, or EsIA), each involving different levels of analysis.6 Regulations, such as Decree No. 43898, also indicate that the requirements of analysis can be structured based on the site sensitivity, with studies and analysis specific or additional requirements required for projects located in environmentally fragile areas, as a measure of control additional.6 After approval of the project, SETENA supervises the Environmental Control and Monitoring, which implies analysis monitoring to verify compliance with the conditions of control established in the VLA and the approved Environmental Management Plan (PGA). The analysis During this operational phase they are structured according to these specific compliance requirements and are often documented using tools such as the Environmental Digital Log.8


2.6 | Ministry of Health (MINSA)


The Ministry of Health (MINSA) has the primary mandate of protecting public health in Costa Rica. This broad responsibility encompasses significant aspects of environmental health, including monitoring the safety of drinking water, regulating and monitoring wastewater management to prevent health risks, establishing ambient air quality control standards based on health outcomes, overseeing aspects of monitoring solid and hazardous waste management, and monitoring other environmental factors such as noise pollution that may impact human health, all of which require specific analyses.


MINSA's approach to analysis environmental is structured, therefore, mainly by its direct relevance for the protection and control of public health. This leads to a structuring based on exposure routes key (such as drinking water and ambient air) and parameters relevant to health that need to be controlled (such as microbiological contaminants in water or specific air contaminants with known adverse health effects). Specific regulations promulgated by MINSA (sometimes jointly with MINAE) define these categories of control, establish maximum permissible limits (maximum admissible values ​​- VMA) as tools of control, and require surveillance protocols and analysis. Examples include Decree No. 38924-S for the control of the quality of drinking water, Decree No. 33601-MINAE-S (co-issued with the MINAE) for the control of the discharge and reuse of wastewater, Decree No. 39951-S for standards of control of ambient air quality (immission), and Decree No. 43184-S-MINAE (co-issued with the MINAE) for the control of emissions from boilers and furnaces.63 MINSA also plays a coordinating role in the National Air Quality Monitoring Network, which carries out analysis for surveillance and control.18


2.7 | Costa Rican Institute of Aqueducts and Sewers (AyA)


The Costa Rican Institute of Aqueducts and Sewers (AyA) is an autonomous public institution established by Law No. 2726. It has a dual role: it is the main operator of the main public water supply and sanitary sewage systems throughout the country, and it also functions as a key entity in the definition of policies and technical standards for the water and sanitation sector, including aspects of quality control. AyA is responsible for supplying drinking water to a significant portion of the population (estimated at over 46% in one report) and managing several major sewage systems. It works in coordination with the MINSA regarding compliance with the quality control of drinking water and with the MINSA and the MINAE regarding the management and control of wastewater, particularly for discharges in their sewage networks. AyA likely operates the National Water Laboratory (LNA), mentioned as being involved in water quality control, suggesting an internal capacity to perform the analyzes necessary for operational control.


Given its operational mandate, the structuring of the analysis AyA's environmental issues are driven primarily by the needs of the operational control and the guarantee of compliance with national standards control established by the MINSA and the MINAE. Therefore, the activities of analysis are logically structured by component of the system – such as sources of raw water, different stages within water treatment plants, points within the distribution network, influent to wastewater treatment plants and discharge points of treated effluents – to ensure the control at each stage. Within these system components, the analysis are further structured by the parameters specific requirements required by the regulations control relevant, notably Decree No. 38924-S for the quality of drinking water and Decree No. 33601-MINAE-S for the quality of wastewater effluents.


2.8 | Regulatory Authority of Public Services (ARESEP)


The Public Services Regulatory Authority (ARESEP), created by Law 7593, is a public institution with technical and administrative autonomy whose main function is to regulate public services (electricity, drinking water and sanitation, fuel, paid transportation of people, waste collection, etc.) to harmonize the interests of users and providers.88 Although it is not the primary environmental authority, its role in environmental control and the required analyzes is significant and indirect:


  • Service Quality Control: ARESEP supervises that public services are provided in compliance with standards of quality, quantity, reliability and continuity.88 In the case of drinking water, this involves verifying that the operators (AyA, ESPH, regulated ASADAS) carry out the quality analyzes required by MINSA and comply with the standards.95 Compliance with these analyzes and standards is a criterion for the "Regulatory Quality Seal" and may influence rates.96 ARESEP also evaluates the quality of electrical service through data analysis and measurements.100


  • Tariff Regulation and Environmental Costs: ARESEP sets rates based on the principle of service at cost.88 It must consider environmental sustainability criteria and may approve tariff components for environmental protection, such as the "water resource protection fee."98 The costs incurred by operators to comply with environmental controls and perform required analyzes (e.g. new analyzes required by MINSA) are considered in determining rates.98


  • Inspection and Technical Regulations: ARESEP carries out "supervision" (supervision and control) work on providers, including inspections, review of information, and verification of regulatory compliance, which may include environmental aspects. It can issue technical standards (e.g. on wastewater treatment, water protection projects) and perform tests on measuring equipment.


  • Sanctions and Coordination: It has the power to sanction for non-compliance, including failures related to the environmental quality of the service.89 Collaborate with environmental entities such as MINAE and sign cooperation agreements.92 


ARESEP's role focuses on economic regulation and quality of service, ensuring that operators have the means (via rates) to comply with the environmental controls defined by MINAE/MINSA and verifying (through data analysis and inspection) that they effectively do so as part of the provision of a quality service.


2.9 | Summary Table: Key Agencies, Environmental Controls and Analysis Required


The following table summarizes the main roles and structuring drivers for the key Costa Rican agencies involved in the controls environmental and analysis required:

Agency

Main Role/Mandate related to Controls and Analysis

Controls/Analysis Structuring Key Drivers

Examples of Relevant Regulations/Control and Analysis Programs

THREATS (Ministry of Environment and Energy)

General regulation and control from the environmental and energy sector; coordination of specialized units. 11

Policy Area (Energy, Water, Conservation, Quality), Delegated Authority

Organic Law of the Environment (7554)

DIGECA (Environmental Quality Management Directorate)

Management and control from pollution, chemicals, air quality, waste; requires analysis specific. 16

Type of Pollutant (Criteria Air Pollutants, Chemicals), Type of Source (Industrial), Regulatory Program Control (RETC, Air Quality Plans)

RETC Regulations, Air Quality Decrees (shared with MINSA)

AND (Leak)

Management, control and protection of national water resources (surface and underground) through analysis. 20

Type of Water Body (Surface, Underground), Geographic Location (Basin, Aquifer), Monitoring Program and Analysis (National Plans, SINIGIRH, SIMASTIR)

National Surface Water Monitoring Plan, National Groundwater Monitoring Plan, Decree 33903-MINAE-S (Classification and Control Surface water)

SINAC (National System of Conservation Areas)

Management and control of protected areas, forests, biodiversity, wildlife; requires analysis for handling. 5

Geographic Location (Protected Area), Ecological Approach (Biodiversity, Ecosystem Health, Control Forest/Wildlife)

Forest Law (7575), Protected Area Management Plans

SEVENTH (National Environmental Technical Secretariat)

Administration of the EIA process (control preventive); environmental licensing; requires analysis for evaluation and monitoring. 39

Regulatory Purpose (Control EIA, Compliance Monitoring), Project Type/Impact Level, Site Sensitivity (Fragile Areas)

Decree 43898 (EIA Regulation), EIA Instruments (D1, P-PGA, EsIA), Bitácora Digital Ambiental

ONCE (Ministry of Health)

Protection of public health through regulation and control environmental; requires analysis surveillance and compliance. 15

Public Health Relevance, Route of Exposure (Drinking Water, Ambient Air), Health-Based Parameters (controlled through analysis)

Decree 38924-S (Drinking Water), Decree 33601-MINAE-S (Wastewater), Decree 39951-S (Ambient Air), Decree 43184-S-MINAE (Emissions), National Air Quality Monitoring Network

AyA (Costa Rican Institute of Aqueducts and Sewers)

Operation of public water and sewer systems; control operational quality through analysis. 60

Control Operational, System Component (Source, Treatment, Distribution, Effluent), Compliance Parameters (analysis according to regs MINSA/MENAE)

Law 2726 (AyA Law), Compliance with Decree 38924-S & 33601-MINAE-S

ARESEP (Public Services Regulatory Authority)

Economic and quality regulation of public services; supervision of compliance with standards (including water quality); setting rates that include environmental control costs; requires quality and operational analysis. 88

Quality of the Public Service, Economic Sustainability of the Service, Regulatory Compliance of the Operator, Operational Efficiency

Law 7593 (ARESEP Law), Technical Service Quality Standards, Tariff Methodologies (e.g. Water Tariff), Regulatory Quality Seal



3. STRUCTURE OF REQUIRED ENVIRONMENTAL CONTROLS AND ANALYSIS


Costa Rican authorities use several overlapping frameworks to structure the controls environmental and analysis required, driven by regulatory requirements, programmatic structures, and the specific environmental aspect being addressed.


3.1 | Structuring by Environment


The most fundamental structuring of controls and analysis is aligned with the specific environmental environment being evaluated. This structure directly reflects the scope of different laws, regulations and monitoring programs dedicated to the control of air, water and potentially other media, each with its specific analyses.


  • Air Quality (Ambient Air / Immission): He control of ambient air quality, mainly for the protection of public health, falls under the jurisdiction of MINSA.15 The key regulation is Decree No. 39951-S, "Air Quality Regulation for Criterion Pollutants," which establishes the standards for control for contaminants considered critical to health (criterion contaminants), verified by analysis.19 The monitoring and analysis are carried out through the National Air Quality Monitoring Network (REMCA), a collaborative effort coordinated by MINSA that involves MINAE (through DIGECA), universities (notably the National University - UNA), the state oil refinery (RECOPE) and municipalities, mainly focused on the Greater Metropolitan Area (GAM).18


  • Atmospheric Emissions (Fixed Sources / Emission): He control of emissions from stationary sources (such as industrial boilers and furnaces) is jointly regulated by MINSA and MINAE to control pollution at the source, requiring analysis of emissions.63 The main regulation is Decree No. 43184-S-MINAE, "Regulation on the emission of atmospheric pollutants from direct and indirect boilers and furnaces."63 This decree structures the requirements of analysis and control depending on the type of equipment (boiler, direct/indirect furnace), its size or capacity, and the fuel that is burned (fossil fuels, biomass, waste oils).63


  • Water Quality (Surface Water): The management and control of surface water quality is led by the Water Directorate (DA) of MINAE.20 The analysis They are structured under the "National Plan for Monitoring the Quality of Surface Water Bodies".20 This plan establishes a national network of monitoring sites (~160 points in 32 basins in the 2021-2024 plan) and defines sampling campaigns (typically twice a year, dry and rainy seasons) and the analysis of required parameters.45 The framework for interpreting these analysis and exercise the control is provided by Decree No. 33903-MINAE-S, "Regulation for the Evaluation and Classification of the Quality of Surface Water Bodies," which uses data from analysis (physical, chemical, biological) to classify and control the quality of water bodies.20


  • Water Quality (Groundwater): The monitoring and control groundwater also fall under MINAE's DA, often involving coordination with SENARA.48 There is a specific "National Plan for Monitoring the Quality of Underground Water Bodies" 20, and monitoring and analysis are supported by the SIMASTIR network that provides real-time data from wells in key aquifers.2 The structuring is based on the location of the aquifer and specific monitoring wells for the analysis of control.


  • Drinking Water Quality: He control of drinking water quality is regulated by MINSA, which sets health-based standards, while AyA (and other operators such as ASADAS or municipalities) is responsible for operational monitoring and ensuring compliance through analysis within their supply systems.27 The governing regulation is Decree No. 38924-S, "Regulations for the Quality of Drinking Water," which defines the parameters to be analyze and the limits of control.61


  • Wastewater (Discharge and Reuse): He control The discharge and reuse of wastewater is jointly regulated by MINSA (for health protection) and MINAE (for environmental protection), with AyA involved when discharges occur in their sanitary sewer systems.60 Decree No. 33601-MINAE-S, "Regulation of Discharge and Reuse of Wastewater," establishes the parameters to be analyze, the limits of control, and the frequencies of analysis for effluents discharged into bodies of water or sewers, and establishes quality standards and analysis required for various types of water reuse.60


  • Soil / Waste / Agrochemicals: The structuring of controls and analysis in these media it appears less explicitly defined in dedicated national programs within the documents provided. The analysis related to agrochemicals focus on environmental fate, ecotoxicity and persistence, probably structured by active ingredient and intended use pattern for control.41 Waste management regulations involve MINSA and potentially MINAE/DIGECA40, with analysis probably structured by type of waste and disposal/treatment method for its disposal control. The requirements of analysis Soil problems often arise within the context of specific projects under the EIA process managed by SETENA, structured by project activity and potential contaminants as part of the control of the project.


3.2 | Structuring by Type of Pollutant/Analyzed Parameter


Within each environmental or regulatory control context, analyzes are additionally structured by the specific contaminants or parameters being measured. This allows for targeted monitoring and the establishment of specific, measurable limits (control parameters) for compliance and quality assessment.


  • Drinking Water Parameters: Decree No. 38924-S provides a detailed structuring of the analysis for him control of quality. It groups the parameters according to their nature and significance: aesthetic, organoleptic, physical, chemical, biological, microbiological and radiological.61 More significantly for the control operational, the regulation establishes five different "Control Levels": Operational Control (CO), Level 1 (N1), Level 2 (N2), Level 3 (N3) and Level 4 (N4). Each level requires analysis of specific groups of physical-chemical and microbiological parameters, with increasing complexity and frequency from CO/N1 (control basic) up to N4 (analysis complete including pesticides, heavy metals, etc.). The applicable level depends on factors such as the population served by the water system or the identified risks, creating a tiered structuring of the intensity of the risks. analysis of control.61 For example, CO implies analysis frequent by the operator of turbidity, odor, taste and residual chlorine, while N1 adds analysis of basic parameters such as color, pH, conductivity and coliforms, with frequencies that depend on the population served.61


  • Wastewater Parameters: Decree No. 33601-MINAE-S structures the analysis of control depending on the type of wastewater and its destination. Defines a set of "universal parameters" whose analysis is required in ordinary and special wastewater discharges, including Flow Rate, BOD5, COD, Total Suspended Solids (TSS), pH, Temperature and Oils and Greases.68 For special wastewater, "complementary parameters" are added to analysis based on the specific industrial or commercial activity. Table 1 of the regulation lists these activities and the corresponding additional parameters whose analysis is required (e.g., heavy metals, cyanide, phenols, color).68 This creates a clear structuring of the analysis of control based on the contaminant profile associated with different industrial sectors. Furthermore, the regulation specific different sets of physicochemical and bacteriological parameter limits (targets of control) depending on the application reuse planned, thus structuring the analysis depending on the final use of the treated effluent.67


  • Air Quality Parameters (Immission): The analysis of ambient air quality, as defined by Decree No. 39951-S for its control, are primarily structured around “criterion pollutants” selected for their widespread presence and potential health impacts. These include Particulate Matter (PM10 and PM2.5), Sulfur Dioxide (SO2), Nitrogen Dioxide (NO2), Carbon Monoxide (CO) and Ozone (O3).19 The analysis are organized around the measurement of these specific contaminants against established maximum allowable levels (limits of control), which in turn are structured by different averaging times (1 hour, 8 hours, 24 hours, annual).19


  • Atmospheric Emission Parameters (Fixed Sources): For him control from stationary sources such as boilers and furnaces, Decree No. 43184-S-MINAE structures the analysis emissions requirements depending on the type of equipment, its size/capacity and the fuel used.63 The key parameters to analyze They include Total Suspended Particles (often measured indirectly via opacity), Sulfur Dioxide (SO2) and Nitrogen Oxides (NOx).63 are required analysis Additional parameters depending on the fuel: Dioxins and Furans, PCBs and specific metals (Cr, As, Pb, Hg, Cd) are mandatory when treated waste oils or similar are used.76 Hydrogen Chloride (HCl) and Total Organic Carbon (TOC) are relevant for analysis in certain types of furnaces or fuels.76 The analysis They are also linked to control of fuel quality, with requirements to report or analyze parameters such as sulfur content, nitrogen and, for residual oils, chlorine, metals, PCBs, flash point and ash.63


  • Surface Water Parameters: The classification system and control in Decree No. 33903-MINAE-S is based on calculating indices from analysis of a set of physical, chemical and biological parameters.20 The National Monitoring Plan operationalizes this by specifying the parameters to be analyze at network sites, including basic physical parameters (pH, T, conductivity, solids), organic contamination indicators (BOD, COD), nutrients (N, P), microbiological indicators (fecal coliforms), metals, specific pesticides (with detection limits required for the analysis), and biological indicators.45


3.3 | Structuring by Regulatory Purpose / Control Framework 


The specific legal or administrative context required for the environmental analysis provides another significant layer of structuring the controls. The purpose for which analyzes are performed often dictates the scope, methodology, frequency, and reporting requirements for control.


  • Environmental Impact Assessment (EIA) - SETENA (Preventive Control): A main category of environmental analysis is driven by the EIA process, a preventive control required by Law No. 7554 for AOPs that could impact the environment. These analyzes occur before the start of the project as part of the VLA request. The required level of assessment, and therefore the scope of the analyses, is structured according to the potential impact of the project and the sensitivity of the site. Decree No. 43898 describes different EIA instruments (D1+DJCA, P-PGA, EsIA) corresponding to different levels of impact, each involving different degrees of baseline analysis and impact prediction. Projects in fragile areas face stricter analysis requirements as a control measure. After the VLA is granted, additional analyzes fall under the category of "Environmental Control and Monitoring." These compliance analyzes are defined by the control commitments in the approved EIA and EMP, and their results are tracked through the Environmental Digital Log.  


  • Compliance Monitoring (Continuous Control - MINSA, MINAE, AyA, ARESEP): This category covers periodic and routine analyzes carried out by regulated entities to demonstrate continuous adherence to the limits and control standards established in environmental (MINSA, MINAE) and service quality (ARESEP) regulations. The relevant decrees (drinking water, wastewater, atmospheric emissions) and technical standards (ARESEP) define the mandatory parameters to be analyzed, the VMA (control limits), the minimum analysis frequencies, sampling procedures and the format for reporting operational data to the competent authorities (MINSA, DA, AyA, ARESEP).  


  • Environmental Surveillance (Environmental State Control - MINSA, DA): Distinct from project- or facility-specific compliance analyses, surveillance monitoring involves systematic analyzes of overall environmental conditions to assess status and exert macro-level control. These analyses, often conducted through national networks managed by MINSA (air) and DA (water), seek to assess overall environmental quality, track trends, identify areas of concern, inform the development of policies and control standards, and provide data for public information.  


  • Economic and Quality Regulation (Service Control - ARESEP): ARESEP uses analysis of operational, financial and quality information reported by providers, as well as analysis of its own measurements (e.g. water quality, electricity quality) and inspections, to exercise control over the provision of public services. These analyzes inform the setting of rates (ensuring that they cover environmental and operational control costs), the evaluation of compliance with quality standards, the issuance of technical standards, and the application of sanctions.  


The purpose for which environmental analyzes are performed—pre-project evaluation (preventive control), routine compliance verification (continuous control), broad environmental surveillance (state control), or economic and service quality regulation (service control)—is, therefore, a critical factor that determines its scope, frequency, location, parameters and the responsible agency, forming a key dimension of the structuring of controls and analysis.


3.4 | Structuring by Networks or Specific Monitoring Programs 


Environmental analyzes in Costa Rica are frequently organized and implemented within the operational framework of established national or regional monitoring programs and networks. These programs provide a practical structure for analyzes based on defined locations, schedules and parameters, serving specific control objectives.


  • National Surface Water Quality Monitoring Plan: Managed by the DA of MINAE, this plan defines a specific network of ~160 monitoring points in 32 basins. The analyzes are structured geographically (basin, point) and temporally (biannual campaigns). The plan specifies the physical, chemical and biological parameters to be analyzed to control water quality.  


  • National Groundwater Quality Monitoring Plan: Under the DA, this plan structures groundwater analyses, likely by aquifer and monitoring well. SIMASTIR is a key part, providing continuous analysis data from a network of wells (59 after Phase II) in critical regions for the control of this resource.  


  • National Air Quality Monitoring Network (REMCA): Coordinated by MINSA, this network is the main framework for ambient air quality analyses, especially in the GAM, for control and surveillance purposes. It includes fixed stations (~10 for PM10, less for PM2.5) and sites with passive tubes (NO2, SO2). The analyzes are structured by station and criterion pollutant analyzed (PM10, PM2.5, NO2, SO2, etc.). It is a collaborative effort (MINAE, UNA, RECOPE, municipalities). The aim is to modernize with more automated and real-time analysis. Mobile stations complement the analyses.  


  • ARESEP Quality Control Programs: ARESEP carries out its own monitoring and analysis programs to control the quality of services, such as water quality measurements at network points or in homes, and electrical quality measurements (voltage, interruptions) in homes and businesses. These analyzes complement the information reported by operators.  


  • SINIGIRH (National Information System for the Integrated Management of Water Resources): Although it is an information platform, SINIGIRH helps organize data from various water analyzes and monitoring from different institutions (DA, AyA, SENARA, ICE, IMN, etc.) for integrated management and control. It integrates surface and groundwater analysis data, quality, quantity and use, making it accessible. Its structure reflects the analysis categorizations of the contributing programs.  


These national programs and systems provide an operational structure for environmental analyzes based on established networks, sampling protocols, target parameters, and geographic scope, facilitating systematic data collection and analysis for specific environmental monitoring objectives.



4. ANALYTICAL METHODS AND QUALITY ASSURANCE FOR ENVIRONMENTAL CONTROLS


The reliability and comparability of the data analysis environmental, crucial for the effectiveness of controls, depend on the analytical methods used and the competence of the laboratories. Costa Rica addresses this through references to standard methods and a national accreditation system.



4.1 | Reference to Standard Methods for Analysis

Although Costa Rican environmental regulations specify the parameters to be analyzed and their control limits, they do not usually contain detailed analytical procedures. Instead, they often require the use of standardized and validated methods to perform analyses. For example, water and wastewater testing regulations expect the use of methods such as those in "Standard Methods for the Examination of Water and Wastewater" or equivalent.61 Air emissions regulations (Decree 43184) explicitly accept US EPA, ASTM, AENOR-UNE or equivalent methods for the required analyses.76 Ambient air quality monitoring likely follows EPA reference or equivalent methods for criteria pollutant analyses.19 Although a single national compendium of environmental analysis methods was not identified, the regulatory framework points to the use of validated methods for monitoring analyses.


4.2 | Role of the Costa Rican Accreditation Entity (ECA) in the Quality of Analysis


A cornerstone to ensure the quality and reliability of environmental analyzes in Costa Rica, and therefore the validity of the controls, is the Costa Rican Accreditation Entity (ECA), established by Law No. 8279.90 The ECA has the exclusive authority to accredit conformity assessment bodies, including testing laboratories that perform environmental analyses.


Accreditation by ECA formally recognizes the technical competence, impartiality and operational consistency of laboratories, ensuring the credibility of the results of the tests. analysis that they produce.90 For testing laboratories, accreditation is typically based on the international standard ISO/IEC 17025.81 The international recognition of the ECA (via ILAC, IAAC) gives international validity to its accreditations.81


Crucially, Costa Rican regulations increasingly require that analysis required for compliance with the controls are carried out by laboratories accredited by the ECA. Law No. 8279 supports this.61 Specific regulations (drinking water, air quality) explicitly or implicitly require the use of accredited laboratories for the analysis officers.22 This dependence on accreditation is a key mechanism to ensure the quality of data from analysis used to verify the controls.


4.3 | Structure of Accredited Analysis


The ECA publishes lists of accredited laboratories and the specific scope of their accreditation, detailing the analyzes for which they are competent.97 Accreditation is specific for analyzes or parameters defined in specific matrices (e.g. heavy metals in wastewater, coliforms in drinking water) using specific validated analytical methods (e.g. ISO/IEC 17025).81


Therefore, the ECA accreditation system provides a de facto detailed structuring of the capabilities of analysis validated environmental measures available in Costa Rica, essential for the implementation of the controls. This structuring is organized by:


  • Accredited Laboratory: Competent entity for the analysis.

  • Evaluation Type: Testing, calibration, inspection, etc.91

  • Accreditation Standard: Competency standard for analysis (not ISO/IEC 17025).81

  • Analysis/Specific Parameter: Analyte or exact characteristic measured (e.g. Lead, pH, BOD).81

  • Headquarters: Sample type for analysis (e.g. drinking water, wastewater, air).81

  • Method/Technique: Standard method or technique used for analysis (ej. ICP-MS, GC/MS).81


This system, based on international standards and reinforced by regulatory requirements, ensures that analysis environmental activities carried out for official purposes control are carried out using methods validated by competent laboratories, providing a reliable basis for environmental management and decision making.



5. SYNTHESIS AND CONCLUSION


5.1 | Summary of the Controls and Analysis Structure


The environmental controls and analyzes required in Costa Rica are organized through a multi-layered system. The main structuring axes identified are:


  1. Environmental: Regulations and monitoring programs establish controls and require analysis specific for ambient air, emissions, surface water, groundwater, drinking water and wastewater.


  2. Contaminant Type/Parameter: Within each medium or regulation, the analysis are grouped by specific parameters (physical, chemical, biological, microbiological) that are the subject of control, often with defined limits (VMA).


  3. Regulatory Purpose of Control: The requirements of analysis are shaped by the legal context, distinguishing between analysis for pre-project evaluation (control preventive via EIA/SETENA), analysis for routine compliance verification (control continuous versus MINSA/MINAE/AyA standards), and analysis for broad environmental surveillance (control of environmental status via national networks).


  4. Specific Monitoring Programs/Networks: National initiatives (water plans, REMCA) provide operational structures that organize the analysis by geographic location, frequency and defined parameters, supporting specific objectives of control. These approaches are interconnected: a monitoring program (4) focuses on an environment (1), measures specific parameters (2) for a monitoring purpose control defined (3).


5.2 | Interinstitutional Roles in Control and Analysis 


The responsibility of control environmental and analysis required is distributed among several agencies. MINAE coordinates, but specific mandates fall to DA (water control), DIGECA (quality/pollution control), SINAC (control in protected areas), SETENA (EIA preventive control) and IMN. MINSA is crucial to establish standards of control based on health (drinking water, ambient air), regulate wastewater and coordinate analysis of the air network. AyA performs analysis for him control operational of their systems. ARESEP regulates the quality and rates of public services, supervising the compliance of operators (including the performance of analysis quality) and ensuring that the costs of controls environmental conditions are adequately reflected. Coordination (e.g. CTNEeI, Wastewater Committee, MINAE-ARESEP agreements) and data platforms (SINIGIRH) are vital for the effectiveness of the controls.  


5.3 | Role of Regulations and Standards in Defining Controls and Analysis 


The structuring of the controls environmental and analysis required in Costa Rica is fundamentally driven by its legislation, especially Executive Decrees and Law 7593 (ARESEP). These instruments establish the legal requirements for the monitoring and control, define the parameters to analyze, set permissible limits (VMA as tools of control), specify frequencies of analysis and reporting obligations. Key examples are the decrees for control of drinking water (38924-S), wastewater (33601-MINAE-S), ambient air quality (39951-S), atmospheric emissions (43184-S-MINAE), classification of surface waters (33903-MINAE-S), the EIA process (43898-MINAE-S), and ARESEP's technical standards and tariff methodologies. While they define that control and analyze and to what standard, the quality of the analysis methods It is ensured through the accreditation of laboratories by the ECA (usually to ISO/IEC 17025), guaranteeing the reliability of the analysis to verify the controls.  


5.4 | Final Observations


Costa Rica employs a complex but structured approach to environmental monitoring and required analyses. This structure arises from the interaction of specific regulations for different media, pollutants and control purposes (EIA, compliance, surveillance), implemented through national monitoring programs. The integrity of the control system and the comparability of the analyzes are reinforced by the legal requirement to use laboratories accredited by the ECA according to international standards. This regulatory and accreditation-driven approach provides a pragmatic and effective means to organize and manage the environmental controls and analyzes necessary to support Costa Rica's public health and environmental protection objectives. The legal framework, decrees and national programs clearly outline the main ways in which the environmental controls and analyzes required in the country are structured.


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