if you dont have a cat, there will not be a catalytic reaction, thus, your exhaust gases will not be oxygenated i.e. CO instead of CO2. therefore you will not pass the emissions test. the CEL would be irrelevant. it is also illegal to remove a cat unless it is faulty and being replaced, so if you got your aftermarket exhaust from a shop that is on the up and up, most likely you still have a catalyst, so you should be fine. if the evap leak is sporadic (not a returning fault), it is most likely because of a loose gas cap. if it does return after being cleared, it could be numerous things (n80, charcoal canister, leaking hose or pipe in the evap system, fuel tank, filler neck, fuel cap, etc.
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