How is the annual(?) testing worded in the US? In the UK i'm sure they could skirt around this being a problem as the annual MOT test certificate has always had a disclaimer on it saying
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Your MOT certificate confirms that your vehicle at the time of its test met the minimum acceptable environmental and road safety standards required by law. It doesn?t mean that the vehicle is roadworthy for the life of the certificate and isn?t a substitute for regular maintenance.
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A lot of people remove emissions equipment as it reduces performance, refit just for the test, then it's back off again.
To me, having the car run cleaner just for the test isn't much different from taking a smoky old shitbox for an hours thrash around on the way to be tested to make sure it plays nice while being inspected and scrapes a pass.