Recommendations for Proposed Zoning Ordinance Amendment for Data Center Impacts in Fairfax County
May 20, 2024
Dear Members of the Board of Supervisors and Planning Commissioners,
We are writing to share our recommendations to address the impacts of accelerated growth of the data center industry in Fairfax County. We appreciate that the county has studied and issued “Data Centers – Report and Recommendations.” At the same time, the public deserves stronger protections than those that have been proposed in the Staff Summary dated April 23, 2024 with draft Zoning Ordinance Amendment (ZOA) language and the May 17, 2024 Staff Report in order to ensure that county policies adequately mitigate the myriad of negative environmental and public health impacts of this use.
Our concerns about the magnitude of future data center development focus particularly on the massive energy demand, water consumption and resulting increases in carbon emissions. In addition to the few standards offered in this draft ZOA in order to obviate the significant environmental impacts, it is essential that the county require: comprehensive building energy efficiency; procurement of new renewable energy by companies; the use of sustainable building materials, avoiding highly toxic diesel generator pollution and other natural resources protections.
In order to try to meet the unique set of impacts associated with data centers, we recommend that:
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The county take a comprehensive regulation approach to the data center “use” and also expand “use-specific standards” as part of this effort.
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Data centers be regulated so that environmental and health mitigations are proportional to harmful impacts.
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All data center proposed developments be subject to a Special Exception (SE).
Impacts of Virginia’s Data Centers
With the acceleration of computing and cooling demands from artificial intelligence and other rapidly- changing technologies, data centers now require far more energy and water to run. Today, the industry seeks data centers that are larger and often taller to pack in more servers to run more energy and water intensive applications. Yesterday’s data centers use far fewer resources compared to those planned to host artificial intelligence and other new applications, which could require at least 10 times the power to run.
Fairfax County has recently begun to approve larger facilities in tandem with market demand and their impacts won’t be fully understood until they come online. Those facilities (such as Chantilly Premier and Renaissance) are not in operation but appear to be more in line with data centers built in neighboring jurisdictions, giving us a reasonable basis for predicting impact.
We are deeply concerned about the projected total demand of energy to service data centers. With revised forecasts from PJM, the region’s grid provider, the data center industry in Virginia is now expected
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to need over 25,000 MW (25 GW) just to service Virginia’s data centers by 20391. This would be the equivalent of 28 coal plants (the size of Clover Power Plant in Hallifax County, still in operation at 877 MW.) Newly approved transmission lines are expected to bring coal to Virginia already delaying coal plant closures.2 Dominion has also revived pre-pandemic plans to build a natural gas peaker plant in Chesterfield County to meet growing grid demand in the coming years, due to data center growth. Data center developers, rather than the ratepayer or taxpayer, should bear the expense of infrastructure needed to operate their facilities so that Fairfax County residents do not shoulder the burden.
Because the data center growth is driving Dominion’s reliance on fossil-fueled generation,3 Dominion has projected to double greenhouse gas emissions to 36,000,000 metric tons by 2048.4 That Loudoun County’s GHG emissions have increased by over 50% due to data centers5 is a serious concern for the region and the state and foreshadows what will happen in other jurisdictions if mitigating protective measures aren’t enacted. The energy trajectory created with this unprecedented industrial build out could reverse the ongoing work to deliver a cleaner grid, which will also undermine the county’s ability to meet its Community-wide Energy and Climate Action Plan (CECAP) goals. All of this is to say that the increases in carbon we are seeing makes clear that effective local policies to mitigate these impacts are imperative.
Recommendations for Data Center Use Standards
Screening/Enclosures:
We support requiring equipment enclosures. Does this include enclosing diesel generators? Is that considered “mechanically feasible” or would we expect a waiver on those? We recommend that generators and HVAC equipment be located away from (not adjacent to) residential, public and commercial uses, in order to reduce pollution, noise and aesthetic impacts to adjacent properties.
Maximum Size:
Data Centers are rapidly growing in size and server capacity. For instance, newly built or proposed data centers in Loudoun County are generally over 200,000 square feet and increasingly as much as 1,000,000 square feet. Demand for hyperscale size buildings reflect market conditions post 2023, thereby precluding the need for by right standards under 80,000 square feet. (The currently under review by right Plaza 500 Bren Mar proposal is for 461,244 sf and Chantilly Premier was approved at 402,000 sf and other recent projects are over 1 million sf)
Likewise, we believe that the demand for and speculation around data center development does not warrant a credit for repurposing under a by right standard. Repurposing of underperforming commercial properties for data centers is already underway at an accelerated pace in other jurisdictions, so the incentivizing redevelopment for data centers is unnecessary. Further, a possible 200,000 square foot addition is a substantial 2.5 times the square footage that is proposed as a by right maximum. Either way, our strong recommendation is to require the data center use to be subject to a Special Exception across the board so that proffers can be offered to mitigate impacts.
While there are some similarities in transportation, freight, warehouse and distribution-related industrial facilities, the data center use differs significantly from other industrial uses in the sheer magnitude of its impact on land, energy and water resources. The possibility that under certain conditions it could
1 https://www.pjm.com/-/media/planning/res-adeq/load-forecast/load-forecast-supplement.ashx
2 https://www.washingtonpost.com/business/interactive/2024/data-centers-internet-power-source-coal/
3 (https://www.sierraclub.org/press-releases/2023/05/dominion-announces-future-energy-production-customers- and-its-bleak)
4 Dominion Energy’s 2023 IRP, page 7, preferred plans B and C summary. https://www.dominionenergy.com/- /media/pdfs/global/company/desc-2023-integrated-resource-plan.pdf
5Metropolitan Washington Council of Governments
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function as a power plant must also be taken into consideration. This concept, to provide an air quality variance for diesel generators in Fairfax, Loudoun and Prince William Counties, was floated last year by the Department of Environmental Quality.6 And while it was later withdrawn, it could be revived due to energy and transmission constraints. One must consider that Fairfax County is highly populated and quickly urbanizing, and with the majority of I-5 districts residing directly adjacent to residential areas, the health hazards to adding thousands of diesel generators near population centers could be harmful to far larger numbers of residents based on proximity.
Further, since the county’s Policy Plan does not currently have adequate standards for data centers, a Special Exception gives the board flexibility to address issues such as green building and renewable energy, stormwater, water use that also cannot adequately be regulated under by right conditions.
Noise Impacts:
We support pre and post construction studies with adequate standards to protect adjacent properties 24/7. Further, we believe data center noise should not be audible over the property line and the ZOA and/or county Noise Ordinance should provide for this. This measure would protect neighbors from the continuous low humming noises as well as noise from generators. Generators should not run from 8 pm to 8 am. This is a health issue, as well as a comfort issue for residents.
Setbacks:
Setbacks should not only be from residential areas, they also should be from schools, hospitals, parks and other public amenities. We generally suggest a buffer of 500 feet. In terms of noise and disturbance, the usefulness of a protective buffer adjacent neighbors and uses is also predicated on the efficacy of the noise ordinance and/or noise mitigations required by the county and provided by the developer for the combined impacts of the building, cooling systems and generators. In order the achieve the property line measurement under “noise impacts,” buffers may have to be expanded and natural barriers, such as mature trees planted.
It was shocking to learn that a new substation for the Plaza 500 by right data centers, currently under review by the county, is proposed a very short distance of 80 feet from residential townhomes. While the state plays a large role in approving substations, localities must have protections in place so that major energy infrastructure is far from homes, schools, hospitals and other public spaces. There is no way such placement could “minimize adverse visual impacts” as well. On the other side of this proposed development, transmission lines are planned to be constructed in the Resource Protection Area of Turkeycock Run. In this current situation, a small buffer of 200 feet would be wholly inadequate to protect adjacent properties. We suggest that additional protective language be included in this ZOA to avoid these situations.
Distance from Metro:
Data Centers should be sited at least 1 mile from TSAs and major transit hubs such as Metro stations. Siting Data centers within walking distance of 15-20 minutes of transit undermines the County’s smart growth goals to populate residential, employment centers and mixed-use residential near transit. Data Centers employ few people and if near transit, take up valuable space, reducing the utility of critical county transit infrastructure. Current data centers near the Reston Town Center and Loudoun Station Metros are examples of this. For the same reason, even under an SE, at least a 1-mile standard should be in force. Further, the SE process would allow the county to ensure that data centers are not sited in industrial zones a mile or more from major transit near incompatible development. For instance, the Mosaic District is a mile or more from the Dunn Loring Metro and there are similar areas near the Springfield Metro where existing industrial areas or commercial areas that would qualify for larger data center development by repositioning under this proposed ZOA would be incompatible with other uses
6 https://www.deq.virginia.gov/Home/Components/Calendar/Event/971/17
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and/or would reduce the potential to build for transit use. So, instead of a (5) “lesser” distance, a holistic look at a transit area might call for a greater distance.
Zoning Districts:
We support the option to remove permission for data centers in the PRC District. This use seems incompatible with the PRC focus on green open space.
Use-Specific Standards addressed in the Study, but not in the draft ZOA
Several significant issues were addressed in the January 9, 2024 Data Center Study that are excluded from the draft ZOA language. Deferring the implementation of use-specific standards contributes risk to the power grid, increases in carbon emissions, depletion of local water resources and public health. The county should be prepared now to address the emerging and more intense resource demands and environmental impacts of any proposed development. There should be a pause in approvals of the data center use until the following critical issues are adequately addressed.
Diesel Generator Impacts:
We ask that you avoid the use of unhealthy diesel fuel or natural gas for back-up generators. Alternatively, we ask that you require on-site microgrids for back up for each building with solar and battery storage. We recommend that if diesel is allowed, a requirement be established for Tier IV generators or the best available/highest standard technology that is the least polluting. These generators should be treated as having the potential to be used as power plants (see above), so their cumulative effects to public health should be well understood.
One Fairfax/Equity Protections
We urge the county to protect vulnerable populations under One Fairfax from health and pollution harms. Has DPD or other agencies conducted a formal analysis of the potential impact on neighborhoods likely to see data center development? Low-income areas which already suffer or may suffer from neighborhood conditions that challenge public health should be protected from the polluting effects of data centers and not located near them. Such protections should be integrated into this ZOA.
Energy Impacts:
We must require state-of-the-art building and cooling efficiency to address the massive energy demand associated with this use. Given the extent of potential use for the purpose, Fairfax County data centers should be at least in the top 10% nationwide for efficiency and water use. As mentioned in the Study, a Power Utilization Standard (PUE) performance metric should be required to promote energy efficiency. We suggest a PUE of 1.12 or less with a method of third-party certification be required under a Special Exception.
It is our understanding that LEED-silver does not ensure that the building will deliver the needed level of energy efficiency. LEED-DC Gold or stronger certification with ASHRAE 90.4 is needed. All buildings must be constructed and operated using best practices or better in the industry with respect to building construction, noise attenuation, and cooling technologies. We suggest that third party certification be required of the building’s design and construction according to the standards which are utilized. We ask that you benchmark renewable and total energy use for data center reporting requirements and make the information public. We recommend the following best practices language for energy efficiency in any data center application:
Best Practices for Energy Efficiency: All buildings on the Property must be constructed and operated using best practices or better in the industry with respect to building construction, noise attenuation, and cooling technologies. All data center buildings must be constructed to LEED (Leadership in Energy and Environmental Design) “Gold” standards for Building Design and
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Construction, achieving at least 16 of the 18 points available in the Optimize Energy Performance section of the Energy and Atmosphere category or a recognized industry equivalent such as EnergyStar certification, with a certification score of at least 90 points. Prior to the issuance of the permanent certificate of occupancy for such building, a licensed engineer or architect must provide the Planning Department with certification that such building was constructed according to the standards specified under LEED Gold or EnergyStar certification at the 90-point scoring level. Any other recognized building industry equivalent that may be used for the building design and construction must produce equal or better energy efficiency performance than the two standards mentioned above. The operation and maintenance of all data center buildings must be consistent with generally recognized industry energy efficiency standards and guidelines for data centers (i.e. ASHRAE Standard 90.4), to the maximum extent possible.
Carbon Costs:
Data Centers are a climate issue. Strong proffers could also reduce future climate mitigation costs resulting from emissions associated with data centers. Projects of this magnitude should require thorough impact analyses of its impact on the county's carbon footprint. Since we know that emissions increases are associated with the data center use, and it will increasingly depend on going “back to coal” to meet energy demand, what will the county do to ensure that its carbon emissions do not increase if new and data centers come online?
Water Impacts:
It is imperative to have a solid understanding of the water quantity needed for operation of the centers, as well as water quality issues presented. When data centers are serviced by public water sources, the public should have an understanding of water demand and quality impact.
Jurisdictions servicing data centers with AI applications have seen huge increases in water consumption. This is an emerging area of concern and discussion by the industry and in many local communities. Based on limitations of air cooling for AI applications and what might have been an industry standard in the past, the use of liquid cooling is increasing by necessity.7 The experience of Des Moines, Iowa gives us a peek into water usage8 and the additional strain that can be placed on the region’s drinking water supply.
Therefore, water impact studies should be performed before any approvals and the data should be made publicly available sufficiently in advance to allow for public consideration and comment; water pollution prevention measures should protect soils and capture chemical residue; outflows should protect from residue such as bromine and salt; a significant percentage of water should be recycled or reclaimed and should neither deplete nor imperil surface or groundwater sources needed for drinking water; and drinking water for residents should be designated as a priority use during drought conditions.
Transportation Impacts:
The traffic analysis and plan should take into consideration the impact on transportation and imperative of safe delivery of diesel fuel and that the time of delivery should not impact nearby neighborhoods.
7 https://www.datacenterknowledge.com/industry-perspectives/data-center-liquid-cooling-moving-niche- mainstream#close-modal
8 https://apnews.com/article/chatgpt-gpt4-iowa-ai-water-consumption-microsoft- f551fde98083d17a7e8d904f8be822c4
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Conclusion
Last year (2023) was the hottest year in 170 years of record keeping, even exceeding scientists' predictions. The fact that climate change is an existential threat to all of us requiring swift action of every level of government has been repeated so often that scientists sound like a broken record. And yet, this is an existential issue and so their warnings must be heeded.
The land use regulatory power at the local level is foundational to ensuring data center developers are held accountable for short and long-term impacts and therefore are protecting ratepayers and Fairfax County residents from the long-term costs for carbon mitigation, and the impacts on air quality, and energy and water bills.
As always, we are happy to discuss these recommendations at any time.
Thanks,
Ann Bennett
Land Use Chair, Sierra Club Great Falls Group Virginia Chapter Data Center Issues Chair
Susan Bonney
Chair, Sierra Club Great Falls Group
CC: John Morrill OEEC, Rachel Flynn, DCE
Carmen Bishop, DZA Katherine Hermann, DPD
9 https://www.nytimes.com/interactive/2024/04/20/upshot/carbon-dioxide-growth.html