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4g61 intakes had a hole for the EGR diaphragm to hook up to. You have to swap in that manifold to bolt up the EGR and then install the EGR solenoid and vacuum tubing. Kinda doubt a guarantee on. 40kmH PASS if that is not hooked up but it may also pass regardless. Each emission zone tests and checks differently. If your hood shows EGR diagrams and they actually check and do not find it, then I guess that could fail it then. Make it the issue of the buyer, not a lot of work involved but they would have to do what I mentioned above.
Oh, should ask first if you have a Cyclone/ECI multi dual runner intake or standard single runner and if there is a block off plate where the EGR is supposed to be? Your car should already have the wires, but not sure what was modified when you installed the engine?
I've got the single runner, Cyclone version, and there is a block off plate where the EGR would be attached. If there was a solenoid in the engine bay as part of that system, I have long since taken it out. I hear you on making it an issue for the potential buyer, while not so fond of doing anything about it myself, I'd prefer to know how to pass this along to him. I'll check under the hood like you mentioned. I think, there was a rule I read a while back about "if that's how the factory replacement motor came, then it's not necessary to equip it....unless you live with the smog nazis in California." But even without the typical emissions equipment, it's still necessary to do a smog check. The car is about to turn 25 years old.....soon to be exempt by it's age, but not soon enough.
Glad I've never had to go through that stuff, even though I am an advocate for less pollution.