-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PkItilSvRjvElaX+b5uIENaXYC/tyWg9qPnRZUYom78wHEKKFW4CXKEFC3AZDQH2 UU0Y60bdnj4uqVe6tGl4Rw== 0001437904-09-000015.txt : 20090128 0001437904-09-000015.hdr.sgml : 20090128 20090128132940 ACCESSION NUMBER: 0001437904-09-000015 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090128 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090128 DATE AS OF CHANGE: 20090128 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BION ENVIRONMENTAL TECHNOLOGIES INC CENTRAL INDEX KEY: 0000875729 STANDARD INDUSTRIAL CLASSIFICATION: AGRICULTURE CHEMICALS [2870] IRS NUMBER: 841176672 STATE OF INCORPORATION: CO FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19333 FILM NUMBER: 09550661 BUSINESS ADDRESS: STREET 1: BOX 566 STREET 2: 1774 SUMMITVIEW WAY CITY: CRESTONE STATE: NY ZIP: 81131 BUSINESS PHONE: (212) 758-6622 MAIL ADDRESS: STREET 1: BOX 566 STREET 2: 1774 SUMMITVIEW WAY CITY: CRESTONE STATE: NY ZIP: 81131 FORMER COMPANY: FORMER CONFORMED NAME: RSTS CORP DATE OF NAME CHANGE: 19930328 8-K 1 bion8k.txt BION ENVIRONMENTAL TECHONOLOGIES 1/28/09 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 of 15(d) of the Securities Exchange Act of 1934 January 28, 2009 ------------------------------------------------ Date of Report (date of earliest event reported) BION ENVIRONMENTAL TECHNOLOGIES, INC. ---------------------------------------------------- Exact name of Registrant as Specified in its Charter Colorado 000-19333 84-1176672 - --------------------------- --------------- --------------------------- State or Other Jurisdiction Commission File IRS Employer Identification of Incorporation Number Number Box 566/1774 Summitview Way, Crestone, Colorado 81131 ---------------------------------------------------------- Address of Principal Executive Offices, Including Zip Code (212) 758-6622 -------------------------------------------------- Registrant's Telephone Number, Including Area Code Not applicable ----------------------------------------------------------- Former name or former address, if changed since last report Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 7.01 REGULATION FD DISCLOSURE. The Company has issued a press release regarding the approval by the Board of the Pennsylvania Infrastructure Investment Authority of a $7.8 million loan for the initial stage of Bion's Kreider Farms project. See Exhibit 99.1. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS. (a) Financial Statements of Businesses Acquired. Not Applicable. (b) Pro Forma Financial Information Not Applicable. (c) Shell Company Transactions Not Applicable. (d) Exhibits Exhibit 99.1 PENNVEST/KREIDER Press Release dated January 28, 2009 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Bion Environmental Technologies, Inc. Date: January 28, 2009 By: /s/ Mark A. Smith Mark A. Smith, President EX-99.1 CHARTER 2 ex991.txt PRESS RELEASE DATED 1/28/09 EXHIBIT 99.1 Bion Announces PENNVEST Board Approves $7.8 Million Financing for Kreider Farms Dairy Project January 28, 2009. New York, New York. Bion Environmental Technologies, Inc. (OTCBB: BNET) announced today that on Monday, January 26, 2009, the Pennsylvania Infrastructure Investment Authority (PENNVEST) approved a $7.8 million loan to Bion PA 1, LLC. (a wholly-owned subsidiary of Bion Environmental Technologies, Inc.). Proceeds from the loan will be used to construct Bion's previously announced Kreider Farms dairy project in Lancaster County, Pennsylvania (Bion release: http://www.biontech.com/news/ pressreleases/release20080929.php). Pennsylvania Governor Edward G. Rendell announced on Monday a $94 million investment in water infrastructure that included the loan to Bion for "the construction of a livestock waste treatment facility at Kreider Farms that will reduce both nitrogen and phosphorous emissions to the Chesapeake Bay watershed. The project is expected to generate a significant number of tradable nutrient credits that could be sold to other entities within the Chesapeake Bay watershed to help them comply with their own discharge limits for nitrogen and phosphorous." The complete press release issued by Governor Rendell's office can be viewed on the web at http://www.ctbpls.com/www/PA/ library/2009/2009012682.HTM. This is the first project approved by the PENNVEST Board that supports waste treatment infrastructure at a CAFO (confined animal feeding operation) for the purpose of generating nutrient credits. Based on this approval, Bion will move forward with engineering and permitting for the Kreider project while finalizing definitive agreements with PENNVEST. Over the past two years, Bion has worked with the Pennsylvania Department of Environmental Protection (PA DEP) and representatives from Pennsylvania State University to establish an acceptable nutrient credit calculation and verification methodology for the Kreider Farm project, which was approved by the DEP in mid-2008. The DEP approval projects a credit total in the range of 140 nutrient credits per milk cow's waste treated; and perhaps most significantly, a majority of these credits will be generated from airborne ammonia reductions. Ammonia air emissions from CAFOs are for the most part quickly re-deposited onto neighboring lands, which simply advances the nitrogen molecule's travels towards the Chesapeake Bay. A listing of Bion's credits is posted on the PA DEPs trading website at http://www.dep.state. pa.us/river/Nutrient%20Trading_files/ProposalRegistryandTradableLoadTracking. xls. Bion's treatment system will not only reduce nutrient impacts on the Chesapeake Bay, it will also significantly reduce local environmental impacts such as odor, phosphorus releases to the local creeks, a host of air emissions such as hydrogen sulfide and methane (greenhouse gas emissions), as well as pathogens. More than 40 states have announced plans to develop nutrient trading programs, with Pennsylvania's program being the most advanced. Nutrient trading programs encourage nitrogen and phosphorous reductions from non-point source facilities (such as agriculture and livestock facilities) by providing a program to sell credits for those reductions. These certified nutrient credits can be used by point source facilities such as municipal wastewater treatment plants, with much higher remediation costs, to offset their own nutrient discharges. The premise is that the same nutrient reduction to the environment can be achieved at a significantly reduced cost to the community. Bion has worked closely with both the federal and state regulatory agencies, as well as all other stakeholders, to develop policies that will support long term capital investment in livestock waste treatment facilities. The results of a recent study commissioned by the Pennsylvania state legislature projects an average nutrient removal cost of $28 per pound of nutrient per year to upgrade existing wastewater plants. Bion anticipates that it will be able to reduce that projected cost by as much as 75%, based upon its models and anticipated policy modifications. Bion's project at Kreider Farms will be the first comprehensive on-farm waste treatment plant installation in the state, generating a steady stream of more than 100,000 credits per year. In addition to this initial dairy installation, Bion is working on a second phase of the project that it believes will generate in excess of 1 million additional credits. Phase 2 is anticipated to include a renewable energy production facility that will convert cellulose in the waste stream into usable thermal energy. According to the Chesapeake Bay Tributary Strategy, Pennsylvania's municipal wastewater treatment plants that ultimately discharge into the Susquehanna River watershed are required to reduce or offset their nutrient discharges by 7.5 million pounds per year. Mark A. Smith, Bion's President, stated, "We are extremely pleased with the PENNVEST Board's loan approval. This is a great example of what Pennsylvania's nutrient credit trading program was designed to do: achieve nutrient reductions required under the Chesapeake Bay Strategy at a fraction of the cost to upgrade municipal waste treatment plants. This value proposition is the essence of what new technologies and solutions need to accomplish - doing more with less - one of Bion's core principles. We look forward to working with PENNVEST, the PA DEP, US EPA and other stakeholders to achieve permanent, effective, and affordable solutions for the Chesapeake Bay." ______________________________________________________________ About Bion: Bion has provided solutions to the agriculture and livestock industry since 1990, with 30 first-generation systems installed through 2003. Bion's next-generation technology results from 18 years of research & development, testing, commercial deployment, and further adaptation to evolving standards and opportunities. In addition to providing proven comprehensive environmental treatment, the system recovers cellulosic biomass from the waste stream to produce renewable energy in a process different and much more efficient than others that seek to exploit this energy source. The technology is scalable, proven and quickly gaining acceptance by regulatory agencies and other stakeholders as an effective solution to the environmental issues associated with concentrated livestock waste. For more information, see Bion's website: www.biontech.com. This material includes forward-looking statements based on management's current reasonable business expectations. In this document, the word 'potential', 'will', 'proposed' and similar expressions identify certain forward-looking statements. These statements are made in reliance on the Private Securities Litigation Reform Act, Section 27A of the Securities act of 1933, as amended. There are numerous risks and uncertainties that could result in actual results differing materially from expected outcomes. Contact information: Mark A. Smith President 303-517-5302 mas@biontech.com Craig Scott Vice President-Capital Markets/IR 303-843-6191 direct cscott@biontech.com -----END PRIVACY-ENHANCED MESSAGE-----