This is not a problem with regulation.
This is a problem with humans. Some will always try to break the rules, and take risks, no matter what the system. The best systems are the ones that recognize this and have ways of self correcting.
In this case if there was a magical device that measured actual pollutants in every car sold, through out it's life, and could be easily and inexpensively checked annually so that the owner had to pay a tax on excess pollution (or even better, a market price for total pollution), the regulation would be easy.
Automakers could claim whatever they wanted, rig whatever tests they chose, but it would become very clear in real world usage that they had done so. And their brands would be murdered if they got a reputation for lying.