In a letter to EPA Administrator Lisa Jackson, 12 Republican senators, led by Inhofe, R-Okla., and Chambliss, R-Ga., charged that the agency expanded the reach of its "general permit" for pesticide sprays over water in a second draft version that is now under review by the Office of Management and Budget. The second draft permit, which has not been released for public scrutiny, includes an additional requirement that will compel any government agency overseeing an identified pesticide use, such as mosquito control or irrigation district, to obtain an NPDES permit.

The Sixth Circuit Court decision that effectively subjected pesticide sprays over water to a double-permit system, under both the Clean Water Act and the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA), becomes effective in April 2011. The Senators asked Jackson to "either seek a delay from the court or use its authority to suspend enforcement of the new permit" until EPA's proposed changes to its rule can be fully digested by states where pest-control districts may now have to obtain an EPA permit.