Kentucky Man Pleads Guilty to Falsifying Clean Air Act Reports

The owner of a company that produces charcoal pleaded guilty to fabricating data relating to the air emissions from his charcoal production facility. According to court documents, Nicholas Upchurch, 46, owned Rebel Smoke, a company in Burkesville, Kentucky, that used kilns to convert wood to charcoal. The air emissions from the facility were to be routed through emissions control facilities to reduce the air pollution released into the environment. However, as part of his plea agreement, Upchurch admitted to falsifying data submitted to the Commonwealth of Kentucky as part of compliance with the company’s air permit. Upchurch’s sentencing date has not been scheduled. The falsification count has a maximum penalty of two years in prison and a $250,000 fine. A federal district court judge will determine whether to accept the plea agreement after considering the U.S. Sentencing Guidelines and other statutory factors. Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division (ENRD) and the U.S. Environmental Protection Agency (EPA)’s Assistant Administrator Jeffrey A. Hall of the Office of Enforcement and Compliance Assurance (OECA) made the announcement. EPA’s Criminal Investigation Division conducted the investigation leading to the charges in this case, with assistance from the Kentucky Energy and Environment Cabinet, Department for Environmental Protection. Senior Trial Attorney Adam Cullman of ENRD is prosecuting the case. Additional assistance was provided by former Senior Trial Attorney Matthew Morris of ENRD.