I have had cars in the past that OBD2 reported as operating correctly, that easily passed smog/inspections, that probably weren't operating as the EPA intended.
Chasing a problem like that around is a waste of everyon'e time and money. Environmental regulatory agencies really need to do a better job considering the 90/10 or 80/20 rule (the last 20% of whatever you're optimizing will consume 80% of the resource).
If it's to cover modified cars, those are a trickier situation. It's easy for some to game the system so that it "passes" on the magic day and then fails the other 364 or 729 days in the cycle when it's actually being driven.
In either case, it seems like the expense of operating and staffing gas sensing stations, rolling road dynos, etc. Probably better to just turn a blind eye to that case as well.
I upvoted you even though I disagree with you for what its worth.
You're an edge case. Most people with older cars no longer maintain their emissions controls. The older the car, the more likely it is that its polluting. Is it fair? Not at all. You're just swept up in the process.