It seems unless you use spidertraxx 1.25" spacers you should be covered well enough I would guess you are using your Moabs . If you decide to go with something wider I have a set of 6"Warn Flares for sale. They are the same shape as the OE flares just a bit wider to remain legal and cleaner .
You can pass emissions inspection and still be illegal and get a ticket . What was ilegal before still is .They just don't inspect the other stuff there, but its still up to you to keep it with in the same rules including going to raised vehicle inspection if your door height is over 4" above a stock TJ . Makes no difference that a Rubi is taller to begin with ,they don't care.
O5 Rubi TJ, 3" BDS, Currie Currectlync, Rokmen BL , Savvy control arms w/Mc Duroflex Joints , Bilstein 5100, 33" Cooper STTs, Mc Track Bar