I would imagine there will be some 3rd party performance programmers who can change this setting after you leave the inspection station. Probably someone working on it right this minute.
My Camry did not pass smog..They adjusted it to pass smog...It passed, it ran like shit...I re-adjusted it. End of story until next test.
EFI Live does it for diesels. Not sure if they have for VW. Yet.
It’s always sorta been that way. All the EPA is doing is making sure everyone knows about reprogramming mods and giving the guys who do it a ton of work.