The BMWs also use a urea based system that separates the NOx into Nitrogen and Oxygen and does it very well. However, those systems are expensive and add a lot of costs to the car. VW wouldn't be able to sell their TDI cars as cheaply if they had to incur this cost. That's why they pass and why they have passed alternative tests.
I just bought a new GTI about a month ago...not sure if their gas cars will take a valuation hit or not due to VWs reputation hit. At least it wasn't a TDI Golf or I'd be extremely pissed.
There have also been no claims that the VW Touareg TDI failed. So 6cyl SUVs pass.
There aren't many 4cyl diesels in the US. Chevy Cruze. New BMW 328d. I imagine the new 328d passes just fine, but supposedly the new-for-2016 VW E288 diesels do as well.. they just never got a chance to sell them!
Smaller, cheaper cars are the problem. The bigger cars have a better catalysator system. All those compact diesel cars from Opel, VW, Renault, Peugeot, Nissan will have the same problem.
What is crazy is that the vast amount of people who buy these small diesels don't need them. You need long runs to get the particle filter hot enough to burn off.
People buying these small diesels are buying them based on the fuel consumption benefits but then only doing short trips like 15 minute school runs. All they are doing is damaging the car.
I would guess that its just more expensive to implement, more steps in the filtration process, larger catalytic converters, etc.
[0] http://www.reuters.com/article/2015/09/23/us-usa-volkswagen-...