---
kind: "section"
citation: "33 U.S.C. § 3843"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3843"
heading: "EPA enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3843"
units:
  - "Chapter 51 — Clean Hulls"
  - "Subchapter III — Prohibitions and Enforcement Authority"
---

# §3843. EPA enforcement

- (a) **Inspections, subpoenas—**
  - (1) **In general—** For purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the [Administrator](/usc/33/3801.md?p=1) may enter at reasonable times any location where there is being held or may be held [organotin](/usc/33/3801.md?p=8) or any other substance or [antifouling system](/usc/33/3801.md?p=2) regulated under the [Convention](/usc/33/3801.md?p=3), for the purpose of inspecting and obtaining samples of any containers or labeling for [organotin](/usc/33/3801.md?p=8) or other substance or system regulated under the [Convention](/usc/33/3801.md?p=3).
  - (2) **Subpoenas—**
    - (A) **In general—** In any investigation under this section, the [Administrator](/usc/33/3801.md?p=1) may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
      - (i) before the issuance of the subpoena, the [Administrator](/usc/33/3801.md?p=1) requests a determination by the Attorney General of the [United States](/usc/33/3801.md?p=14) as to whether the subpoena will interfere with a criminal investigation; and
      - (ii) the Attorney General—
        - (I) determines that the subpoena will not interfere with a criminal investigation; or
        - (II) fails to make a determination under [subclause (I)](#a-2-A-ii-I) before the date that is 30 days after the date on which the [Administrator](/usc/33/3801.md?p=1) makes a request under [clause (i)](#a-2-A-i).
    - (B) **Enforcement—** In the case of refusal to obey a subpoena issued to any [person](/usc/33/3801.md?p=9) under this paragraph, the [Administrator](/usc/33/3801.md?p=1) may request the Attorney General to invoke the aid of the appropriate district court of the [United States](/usc/33/3801.md?p=14) to compel compliance.
- (b) **Stop manufacture, sale, use, or removal orders—** Consistent with [section 3803 of this title](/usc/33/3803.md), whenever any [organotin](/usc/33/3801.md?p=8) or other substance or system regulated under the [Convention](/usc/33/3801.md?p=3) is found by the [Administrator](/usc/33/3801.md?p=1) and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation of any provision of this chapter, or that such [organotin](/usc/33/3801.md?p=8) or other substance or system regulated under the [Convention](/usc/33/3801.md?p=3) has been or is intended to be manufactured, distributed, sold, or used in violation of this chapter, the [Administrator](/usc/33/3801.md?p=1) may issue a stop manufacture, sale, use, or removal order to any [person](/usc/33/3801.md?p=9) that owns, controls, or has custody of such [organotin](/usc/33/3801.md?p=8) or other substance or system regulated under the [Convention](/usc/33/3801.md?p=3). After receipt of that order the [person](/usc/33/3801.md?p=9) may not manufacture, sell, distribute, use, or remove the [organotin](/usc/33/3801.md?p=8) or other substance or system regulated under the [Convention](/usc/33/3801.md?p=3) described in the order except in accordance with the order.

## Source credit

(Pub. L. 111–281, title X, § 1033, Oct. 15, 2010, 124 Stat. 3028.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1) and (b), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.