The California Smog Check Procedures Manual prescribes EGR functional testing be conducted as required by the vehicle's manufacturer.
The following is Subaru's EGR Function Test Requirements:
Disconnect vacuum hose from EGR valve. Run engine to normal operating temperature. Attach a vacuum pump to EGR valve. With engine idling, apply 8 in. Hg to EGR valve. If vacuum holds and idle becomes unstable or engine stalls, EGR valve is functioning properly. Reconnect vacuum hoses. Increase engine speed to 3000-3500 RPM. Ensure EGR valve opens.
The definition of "unstable" idle speed is left up to the smog technician. If you feel certain there is noticeable drop in your Subaru's RPMs upon the opening of the EGR valve and in fact the engine becomes unstable (not simply running at lower RPM) then we'd recommend visiting another smog station for a 3rd inspection. If however the engine is simply running at a lower RPM with the EGR valve open we have to suggest looking further into the passages on both ends; intake manifold and exhaust. The EGR valve should be allowing exhaust gases to flow to all cylinders.
As far as the VIN number... yes, manufactures are able to tell whether a vehicle is California emissions equipped or 49-state. Contact your local dealers parts department. They should be able to help.