My 2 cents, for what it's worth, owning 2 small diesels.
1st, VW should have used a SCR with Urea treatment on their cars to meet the standards. If they had it, and they still shut down the EGR system, the NOx levels would probably be closer to the acceptable levels.
2nd, I think diesels should have a bit of a break on NOx levels compared to gas vehicles. If gas vehicles had to be on par with diesels for CO2 levels, where would we be with gassers?
3rd, EGR systems should not be implemented on diesels. I bought my Jeep used, and not exactly sure what the previous owner did for maintenance, but I had to replace all my rockers/lifters at less than 90K. Many other owners had the same thing. People who shut off their EGR didn't have that problem. Their oil tests were much cleaner than people who had their EGR operating. Just say, both vehicles do not have working EGRs now.