Burkesville charcoal company owner pleads guilty to falsifying air emissions data

The falsification count carries a maximum penalty of two years in prison and a $250,000 fine, according to federal prosecutors.

Burkesville charcoal company owner pleads guilty to falsifying air emissions data
Photo by Tingey Injury Law Firm / Unsplash

BURKESVILLE, Ky. — The owner of a Burkesville company that produces charcoal pleaded guilty to falsifying data related to air emissions from the facility, according to the U.S. Attorney’s Office for the Western District of Kentucky.

Nicholas Upchurch, 46, owned Rebel Smoke, a company that used kilns to convert wood into charcoal, according to court documents and the U.S. Attorney’s Office.

The air emissions from the facility were required to be routed through emissions-control equipment designed to reduce air pollution released into the environment.

According to the U.S. Attorney’s Office, Upchurch admitted as part of his plea agreement that he falsified data submitted to the Commonwealth of Kentucky as part of Rebel Smoke’s compliance with its air permit.

The falsification count carries a maximum penalty of two years in prison and a $250,000 fine, according to federal prosecutors.

Upchurch’s sentencing date has not been scheduled. A federal district court judge will determine whether to accept the plea agreement after considering the U.S. Sentencing Guidelines and other statutory factors.


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