Right. By not following the correct steps as mandated, they were able to create their predetermined outcome. This is EXACTLY the same thing that CR did back in 1988. So basically CR cheated to get the results they wanted, VW cheated to get the results they wanted, and the EPA cheated to get the results they wanted. All three were in the wrong. Now if the EPA had correctly and legally changed the procedure for certifying the 2016 cars to what they used as you described, then they would have caught VW with a legitimate test procedure.
Hopefully, both VW and the EPA have learned from this and there will be better and more legitimate emissions tests for certification. Perhaps the EPA should hire some "hackers" to try and spoof the certification tests and procedures?
I fail to see how the EPA cheated: To reiterate, part of the application for certification of the engine includes a form, signed by VW management, wihf fully declares any and all supplimental emission control devices to the EPA.
There are face to face meetings with EPA (and CARB) technical staff many months before the actual certification is submitted, and Supplimental devices are required to be explained upfront. This is understood by ALL manufacturers.
Saying you "forgot" to declare software that affects emissions, either on or off cycle on the submitted paperwork is akin to saying the dog ate your homework.
Again, Management is submitting a signed document, which if untrue, or incomplete by design, is purgury.
The EPA reviews the document and either accepts the application for certification of supplimental devices on face value or, in 99% of cases, requests additional test and analysis results to support the request for supplimental devices.
The EPA does not accept supplimental devices (or software) which are submitted to cover up problems which arise because the company is a "Technical Laggard" (their words).
The submissions to the EPA are reviewes by several levels of management in ALL engine producers. The guy who writes code or calibrates is NOT the guy who submits and signs the paperwork.
The original supplimental devices from back in the 70s, 80s, and 90s were hardware or additional devices. With the advent of electronics, they do include additional hardware or sensors, but are more typically software control algorithims.
The only way VW got through certification is To lie to the regulators by submitting signed, fraudulant documents. It looks to me that they did this because they wer pushing technology which fits the description of "Technical Laggard".