Federal emissions laws say we can't modify it. But only people that have emissions testing in their area could have it looked at. Even those places, the people inspecting it don't know what they are looking at.
Here having it vs not having it will not make the difference of passing or failing based on the egr, but other places it might depending how their testing is.
As for vehicles from out of the immediate area, or out of the country driving through, unless you are leaving visible smoke, it won't matter what you do to your rig.
So if you are legal in Canada, you could drive it anywhere in the US with no worries.
Funny side note. All GEP engines are labeled as emmisions exempt because they are built for federal government, which is exempt from it's own laws. So technically, when I put my new optimizer in back in '04, my Hummer no longer passed federal emmisions laws even though it was exactly the same long block emmisions wise. And it is illegal to remove the label saying exempt from that component. To be legal I should have installed my GM valvecover, which is what is mandated in the dealership. There's good gubmint for ya- not ok for smog until you replace a brand new valve cover from a 2017 built engine with an old one from maybe 1992- haha
I know i'm talking 6.5 not duramax, but same principle.