I don't have a lot of time to research this right now but here is a quote from NY's department of environmental con. website
"In addition, on February 12, 2002, the United States Environmental Protection Agency (USEPA) announced a voluntary decision by industry to move consumer use of treated lumber products away from a variety of pressure-treated wood that contains arsenic by December 31, 2003, in favor of new alternative wood preservatives. This transition affects virtually all residential uses of wood treated with CCA, including wood used in play-structures, decks, picnic tables, landscaping timbers, residential fencing, patios and walkways/boardwalks. As of January 1, 2004, USEPA will not allow CCA products to be used to treat wood intended for any of these residential uses.
The remaining stock of CCA-treated lumber was sold out in most stores by the fall of 2004."
