For my part there are two issues with that;
(1)sounds like any distributor doing that will tick some of their dealers off because that may dilute new unit sales possibilities
(2) some saws are going to be out there that won't meet EPA specs.
personally, I think chainsaws contribute a tiny fraction of pollution, so I am not worried about that. But, I wouldn't mind picking up a deal on a shiny new saw...even if it was last year's model!