Kentucky Man Pleads Guilty to Falsifying Clean Air Act Reports
A Kentucky charcoal producer admitted to falsifying air emissions data, violating federal Clean Air Act reporting requirements. The case was investigated by EPA and Kentucky officials.
Nicholas Upchurch, 46, owner of Rebel Smoke in Burkesville, Kentucky, pleaded guilty to fabricating data on air emissions from his charcoal production facility. Upchurch admitted to falsifying reports submitted to Kentucky authorities as part of the company’s air permit compliance. The facility used kilns to convert wood into charcoal, with emissions intended to be controlled by pollution reduction systems. The falsified data misrepresented the facility’s environmental impact, undermining regulatory oversight.
The plea agreement carries a maximum penalty of two years in prison and a $250,000 fine, though Upchurch’s sentencing date has not been set. A federal judge will review the agreement after considering U.S. Sentencing Guidelines and other legal factors. The case was announced jointly by Principal Deputy Assistant Attorney General Adam Gustafson of the DOJ’s Energy and Natural Resources Division and EPA Assistant Administrator Jeffrey A. Hall.
The investigation was led by EPA’s Criminal Investigation Division, with support from Kentucky’s Energy and Environment Cabinet and Department for Environmental Protection. Senior Trial Attorney Adam Cullman of the DOJ’s ENRD is prosecuting the case, with former Senior Trial Attorney Matthew Morris also assisting. The charges stem from Upchurch’s deliberate misrepresentation of emissions data to evade regulatory scrutiny.
The announcement follows a broader federal effort to enforce environmental laws, including a separate Clean Water Act case unsealed today against César P. Borges-Arroyo and others, as well as a consent decree with Old Dutch Mustard Company in New Hampshire. These actions reflect ongoing federal and state collaboration to address violations of environmental regulations.