Huh? They disable "emissions mode" during all driving either because a) it was bad for sales - perhaps one is unable to reach race car speeds in < 10 seconds; or b) they purposely chose not to build a compliant emissions reduction system and covered it up by specifically making the cars pass only during examination.

There is no apology to be made for them. Manufacturers are required to build sustainable systems, it's not optional. Unless the initial facts turn out to be wrong, this is clearly inexcusable.