All 1996 and newer vehicles are checked by the OBD2 scan tool. At least in cold azz Ohio. My car failed because I was running an OBD1 engine and ECU in a 98 chassis.
I can tell you for a fact that if you have an OBD1 ECU in the car and they plug in.. it will read as an ERROR. They might realize that you have an OBD1 ECU, but it will come up with an ERROR.
I did get around it.. but it cost me a few hundred bucks. I gave them reciepts for a new IAC valve, New Cataletic converter.. and some stupid sensor just to bump the price over $300. I dont' recommend doing this.. it will put a mark on the history of the vehicle, and you only get one gimme..