Kentucky charcoal company owner pleads guilty to faking emissions data

The owner of a Kentucky charcoal production company pleaded guilty to falsifying air emissions data, the Justice Department announced.

Nicholas Upchurch, 46, owned Rebel Smoke, a company in Burkesville, Kentucky, that used kilns to convert wood into charcoal, according to court documents. The facility’s air emissions were to be routed through emissions control systems to reduce pollution released into the environment. As part of his plea agreement, Upchurch admitted to falsifying data submitted to the Commonwealth of Kentucky in connection with compliance with the company’s air permit, according to the Justice Department.

A sentencing date has not yet been scheduled. The falsification count carries 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.

The announcement was made by Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division and EPA Assistant Administrator Jeffrey A. Hall of the agency’s Office of Enforcement and Compliance Assurance.

The EPA’s Criminal Investigation Division investigated the case, with assistance from the Kentucky Energy and Environment Cabinet’s Department for Environmental Protection. Senior Trial Attorney Adam Cullman of the Energy and Natural Resources Division is prosecuting the case. Former Senior Trial Attorney Matthew Morris of the division provided additional assistance.