Again, disagree. What average Joe Bloggs member of the public is...

Again, disagree. What average Joe Bloggs member of the public is going to have "studies of their own" that is going to convincingly persuade the EPA that an assessment is or isn't required?

I do however agree with your point of; "If the studies and reasoning to proceed that VRX have put forward are strong enough then it will speak for itself."
The public comment period part of the approvals process honestly feels like a bit of a "Look, we gave you the chance to have your say. We never said we were going to be at all influenced by what you said, but at least you had the opportunity."