It might not throw codes but it could cause continuous lean conditions that over time will slowly damage your motor unless properly tuned. If you have an access port it is only meant to work with Cobbs intake and the stock.
Depending on the year of your WRX you may throw a code if the MAF gets an off reading. Like GSMNZ said if you have an accessport already Cobb offers tunes for both Cobb and AEM intakes that will unlock some additional power and keep the ECU happy with the new intake.
As for passing emissions it is quite dependent on the emissions standards that you need to pass. For C.A.R.B testing any part that is aftermarket and in relation to the intake or exhaust path needs to have a valid C.A.R.B ID number showing that it has no effect on the emissions of the vehicle. Most reputable intake suppliers will provide you with a C.A.R.B ID sticker to keep with your registration.
I always forget about the different emission testing's in other states. NH is just way more relaxed on a lot of that. A few shops here an there can be very nit picky but most are easy on a lot of that stuff.
We have it pretty sweet here in Kansas. No testing! Us backwater country boys do love our loud pipes (Says the city boy... haha)
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