even an obdII only emissions test still requires the inspector to make a visual inspection first. aside from checking safety items like brakes, tires, lights & seat belts etc, they are also "supposed" to check for any emissions system tampering, which if detected should automatically fail the vehicle, before the obdII is even plugged in & regardless of if the CE light is on or not. luckily the majority of inspectors either don't really know what there looking at or just don't care, but technically even just O2 spacers alone are grounds for immediate failure. believe it or not, even a catch can should tecnically cause a vehicle to fail, because to the letter of the law no alterations, deletions or additions to the factory emissions systems are allowed in any way at all unless they are carb exempt. the positive crankcase ventilation system is a part of emissions control systems so even the addition of a catch can is "technically" in violation of the no tampering law... especially a vented catch can setup which is technically a gross violation as it's designed to vent "emissions" that are required to be contained. also headers, since there before the cats, are also technically a violation too, unless they are carb exempt. cat back is not regulated in any way other than noise because that doesn't affect emissions but upstream of the cats def is part of the emission control systems.
this is federal law too, so even if local authorities don't enforce, doesn't mean it's fine... but, all that really matters to most is that they pass inspection. luckily most places don't go over the vehicle well enough to pick up these things in most cases. many inspection stations will just plug in & if there are no codes then they pass the emissions portion of the inspection, but that doesn't mean that technically they couldn't fail.
anyway, in the end I guess all's we really care about is passing, & in most cases if the CE light is off & the readiness monitors are set then it'll pass so it may not pay to be too worried, but it's good to at least know the technicalities involved. the federal emissions laws do apply even if local doesn't enforce, but without local enforcement then there really is no one else to enforce the federal requirements...
lance, this is an example for you, but not the place to buy them... if you need a source I'll dig to see where I got mine but heres an idea of what there like at least :
http://www.mandrelbendingsolutions.com/servlet/the-812/100,cpsi,-Cell,-Hi-dsh-Flow,-High,/Detail
these will almost always require O2 spacers as there really not efficient enough to satisfy most obdII parameters & will usually kick on a CE light without spacers, but they ARE technically cats so they will usually be enough to pass most state inspections