no, you wont pass its not legal

 

You are confusing "emissions legal" with "emissions compliant".

Removing or altering ANY pollution control device is a violation of FEDERAL law. Period. Whether anyone notices it is a function of where you live, and whether they do a visual inspection as part of the emissions check, and whether they even know where to look for the EGR valve.

Then there is the issue of actually passing the test. It is entirely POSSIBLE that you can pass the emissions test with no EGR. First, it depends which type of testing they do.... an idle test with a sniffer isn't going to involve EGR operation... it doesn't work at idle. So they won't notice it is missing. A rolling emissions test MAY use conditions that require the EGR system to operate, and if it is not operating, it MAY cause an increase in oxides of nitrogen (NOx). If that increase is just enough to put you over the upper acceptable limit, you fail.