CCV leak

My CCV is leaking smoke on top of the driver side VC. It is coming from the back near the fire wall. I don't remember of any seals in there when I have removed it before, just the 2 #3 screws.
Or is there an outstanding reason it might be leaking?

Would like to do the mod but I live in liberal California, and need to pass smog on a diesel.

Thank you for any advice.

Jpc