Did you try to smog it and it failed for an evap code or have you not even tried to smog it because of the evap code? That makes a big difference. You are allowed to have the evap monitor not set as long as the other monitors are satisfied UNLESS it failed for an evap code. In the case of a failed for evap code that will need to be fixed and the evap monitor set to be able to smog it. If you have not failed for the evap code you can clear the codes, set all the monitors and find a smog place that will smog the vehicle without the monitor set before it sets the code. Some places don't like to do it because it lowers their score with the state but it is legal to do so.