Noise Analysis for Proposed Amazon Data Center in Warrenton

Dr. John Lyver, a retired NASA scientist, updated his noise analysis based on (a) the Town’s 12/16/22 zoning determination letter; and (b) noise emissions to be expected at the Blackwell site, based on Amazon’s description of the data center and comparable data centers in northern VA. The results:

·       The Amazon data center will violate the Town noise ordinance virtually across the board, probably around the clock, potentially 365 days/year, at all ten locations where Dr. Lyver analyzed the noise.  (For each location, analysis was based on noise solely from the Amazon facility, excluding ambient noise, measured at the Amazon property perimeter, consistent with the Town 12/16/22 Zoning Determination Letter.)   

·       For the 10 locations and 8 different noise frequencies, Amazon will violate the Warrenton noise limits 70 out of 80 instances.

·       The magnitude of predicted violations is substantial.  In almost half the cases (i.e., locations and frequencies), the level of exceedance is more than 10 decibels above the Warrenton noise limits.

·       The magnitude of the exceedances suggest that Amazon CANNOT bring noise levels down within the Town’s limits.

·       The residential neighborhoods that would be most impacted include Oak Springs, Copper Mill, Highlands of Warrenton, North Rock, and Warrenton Lakes.  

·       Hundreds of Warrenton families in these neighborhoods will be impacted by noise that causes adverse health impacts and would likely lower their property values.

·       The adverse health impacts of high levels of noise, on a continuous basis, are well documented and substantial: “…noise pollution … can cause or exacerbate cardiovascular disease; type 2 diabetes; sleep disturbances; stress; mental health and cognition problems, including memory impairment and attention deficits; childhood learning delays; and low birth weight. Scientists are investigating other possible links, including to dementia.”  See Harvard School of Public Health.

AMAZON’S PROPOSED “KICK THE CAN DOWN THE ROAD” NOISE CONDITIONS:

·       From the beginning, Amazon and its representatives have deceived the Town Council and all of us about noise.  They deceived us with statements like “Air cooling systems do not produce significant noise.”  “Generators … produce sound in the range of 50-55 dB, effectively the sound of human conversation.”  “Data centers are a relatively quiet use.”  “Noise ordinance requirements for the site can be achieved in every location where there is anyone to hear.”   None of this is true. 

·       Moreover, Amazon’s September “noise study” was thoroughly discredited by a noise expert, Dr. John Lyver, whom citizens enlisted for help.  Amazon has conceded their noise study was invalid.

·       Given Amazon’s track record of deception, and Amazon’s hapless attempts to retroactively solve the noise issues at Amazon’s Tanner Way in Manassas, Town officials would be foolish to trust Amazon on noise.

·       Having failed to bluff its way with deceptions and an invalid study, Amazon asks the Town to approve the SUP on trust, without any evidence that they can meet the Town’s Noise Ordinance.

·       Amazon has flouted the Town’s SUP requirement for a Noise Study, exposing the Town to expensive and protracted litigation from its own citizens. 

·       Instead of producing a valid noise study, Amazon proposes to “kick the can down the road” with SUP conditions and “commitments” that are deceptive, fatally flawed and probably unenforceable.

·       The first set of conditions Amazon proposed, in October:

·       Do not set a specific date by which Amazon must achieve actual compliance with the noise ordinance.  None.  Ever.

·       Give Amazon tacit permission to violate the noise ordinance forever, and at unlimited levels.

·       Include a particularly deceitful clause offering to prove compliance by taking noise measurement 30 days after commencing operation – despite Amazon’s earlier statements it would not be at full operation for an extended time after commencing operation.  The air chilling equipment would not be operating at full capacity; hence noise levels would be a fraction of fully operational noise.

·       Contain numerous other opportunities for Amazon to “game” the noise measurement (for example, in subtracting ambient noise or in selecting where and when measurements are taken).

·       Lack ANY PROVISIONS FOR PENALTIES OR CONSEQUENCES if Amazon exceeds the Town noise ordinance.  None.  Even if provision for penalties was added to the conditions, they would probably be unenforceable. 

·       Were described by Mr. Foote as “a happy place” for Amazon.

·       A newer Amazon proposal involves “commitments.”  It was cited by Jessica Pfeiffer at the 12/20 PC hearing. These “commitments”:

·       Provide for Amazon to take noise measurements when Amazon is 10%, 50%, 80%, 90%, and 100% operational.  If measurements don’t comply with the Warrenton noise ordinance, Amazon would have a period of time to comply – after which “the certificate of occupancy for that portion of the building not in compliance … can then be suspended for that portion of the building.” 

·       Are merely oral, and have not been submitted in writing for inclusion in a SUP.

·       Lack critical details – such as how long Amazon would be allowed to continue operating after tests show noncompliance – i.e., time during which hundreds of families would be subjected to incessant noise violations.

·       Are unlikely to be tolerated by the unnamed client for whom Amazon will be operating the data center.

·       Are of questionable enforceability:  Will the state of VA or the Federal government allow a small town to shut down all or part of a cloud operation for the unnamed client?

·       Can easily be “gamed” by Amazon.  Given Amazon’s noise track record, how can Amazon be trusted to conduct valid noise tests, to place instruments correctly, to factor out ambient noise, to use reliable equipment, to adjust from dBA to dBZ, and even to interpret and report the results?

·       Town enforcement of the noise ordinance is filled with pitfalls, especially for Warrenton police.  Are the Warrenton police prepared to make constant noise measurements at the Amazon perimeter in response to a flood of citizen complaints?  What instruments and how many instruments do the Warrenton police have to take noise measurements?  How many Warrenton police officers are certified to use the noise instruments?  How will the instruments be calibrated over time to ensure accuracy?  How will Warrenton police subtract ambient noise from the measurements, consistent with the noise ordinance?  Will the equipment read dBZ or dBA?  When there are violations – indeed myriad violations – what action will the police take?  How will these responsibilities affect the Warrenton Police ability to carry out their other responsibilities?

·       There are also challenges and issues for the Town of Warrenton staff and officials:  When and how will the Town measure and codify ambient noise levels at various locations around the Amazon perimeter and for multiple times of day?  Such a record will be necessary to establish baseline ambient noise conditions for comparison with future noise readings after Amazon begins operations.  Multiple time of day measurements will be needed because of wide variation in ambient noise according to different traffic conditions – a.m. traffic peak, mid-day traffic, pm traffic peak, evening traffic, and early morning traffic – as well as variations between weekday and weekend traffic. In addition, what procedures for noise recordkeeping will the Town establish and maintain, to be able to support enforcement action when needed?

·       At Amazon’s Tanner Way data center in Manassas, Amazon has been trying to retrofit a new data center to reduce noise.  The first effort was to wrap yoga mats around scores of rooftop air chillers and strap them in place with bungee cords.  It was unsuccessful.  Now, multimillion dollar re-engineering with new hardware is underway, but it is untested and unclear whether it will succeed, leaving families to suffer for over a year before there is even a possibility of relief.  A year is an unacceptably long time to live with incessant noise. 

BOTTOM LINE: 

Evidence is overwhelming that Amazon will significantly and continuously violate Warrenton noise limits.  

Violations would likely be 24/7, 365 days/year, at virtually all frequencies and locations on the perimeter of the property.  The sound level of exceedances is substantial.

Amazon has produced no studies or evidence that it can meet the Warrenton Noise Ordinance limits.  Amazon’s initial September noise study has been completely discredited and has been acknowledged by Amazon to be invalid.

Amazon’s proposed noise conditions would tacitly allow Amazon to violate the Warrenton noise ordinance, significantly and continuously, with no consequences to Amazon.  Instead, the consequences would fall entirely on the Town’s own residents – in the form of continuous noise levels that adversely impact their health, quality of life, and property values.

If the Warrenton Town Council has any concern for the health and safety of its own residents, the Council must NOT allow Amazon to build and operate a data center on Blackwell Road. 

If the Warrenton Town Council approves the data center, the Council clearly signals that it favors the interests of Amazon over the health and safety and economic well-being of the Town’s own residents.