“We are talking about a situation in which unelected bureaucratic government employees are systemically going about regulating every emission of CO2 in the country on very attenuated authority,” said Sen. Jeff SessionsJeff SessionsFBI has info suggesting coordination between Trump aides, Russia: report Poll: By 2 to 1 margin, registered voters reject Comey Bharara joining NYU Law School after being fired by Trump MORE (R-Ala.). “They were never given the explicit authority by Congress to do so.”

Senate leadership reached a deal late Tuesday evening that will allow that amendment, offered by Sen. Jim InhofeJames InhofeRepeal of Obama drilling rule stalls in the Senate GOP senator: EPA 'brainwashing our kids' A guide to the committees: Senate MORE (R-Okla.) and Senate Minority Leader Mitch McConnellMitch McConnellOvernight Healthcare: High drama for ObamaCare vote | Freedom Caucus chair 'optimistic' about deal | Trump woos right High drama for ObamaCare vote Senate nixes Obama-era workplace safety rule MORE (R-Ky.) to receive a vote.

The measure is being offered to a Small Business Administration (SBA) bill that has been stuck in the Senate for more than two weeks.

A number of other amendments to the bill would also affect the EPA, including one sponsored by Sen. Jay RockefellerJay RockefellerObama to preserve torture report in presidential papers Lobbying world Overnight Tech: Senators place holds on FCC commissioner MORE (D-W.Va.) that would implement a two-year moratorium on further EPA regulations on greenhouse gases.

Legislation identical to the McConnell-Inhofe amendment, sponsored by Rep. Fred Upton (R-Mich.), is pending in the House and is nearly certain to pass. President Obama, however, has threatened to veto it if it reaches his desk.

“There is not one chance in 10 trillion that the McConnell bill will become law," Rockefeller said. “It will never happen. I doubt it will pass the Senate, it certainly will not pass on any other level where it counts.”