Sure could be Greg,
even though diesel is a little more costly, and I don't think they pollute much worse because they do use less fuel.
An idling engine, as in an emission test will run hotter after a few minutes, and the catalyst also can over heat, triggering the software to enrich the fuel ratio, because a hot engine running too lean can burn the exhaust valves.
That is not normal daily operation.
Perhaps the FCA legal team will bring these points to the EPA's attention.
I'm not perfect, neither is the EPA, but they try.
For over a century they've also been trying to build a perfect motor vehicle. Still not there.
I think only one which runs purely on electricity generated by hydro electric would be the only perfect one, because it takes burning fossil fuel, or at least natural gas to generate electricity.
However, I don't know the ratio of a single internal combustion engines fuel consumption and emissions vs. a coal or gas power plant doing it for thousands of vehicles. It also takes plastics from petroleum and more fuel to make batteries. It may be the lesser of two evils to use electric cars, once the run time on a charge can be made more practical.
They seem to have drawn back on hydrogen fuel cell development for now.
It all comes down to money and profit margin for now. You can't make a profit from something the greater of the public can not afford.