It can be anywhere. Your swing set, your fence, your deck, your kids playground. Arsenic treated wood can be found in many outdoor places around your home.

Effective January 1, 2004, the EPA has directed that this material no longer be used for these residential purposes. The EPA ordered this discontinuance in 2002, with the hope that the delayed implementation of the ban would allow manufacturers to come up with alternate materials.

It took a while for the EPA to order this. Groups have been complaining about pressure treated Wood for some time. But at least we now have this phase in discontinue order.

Frankly, I'll take it. Immediate would have been better, but not politically practical. And there was little showing that this had to happen immediately.

Eliminating this material is a good idea. Since the 1940s, an arsenic mix called chromated copper arsenate has been placed into wood to stop the wood from rotting, becoming termite infested and to avoid other wood deterioration. . We have learned that the arsenic comes off the product in use, and can poison users. That includes children in playgrounds.

At low levels, arsenic will make you feel as if you have a bad cold. It can give you stomach problems.

But longer term exposure can really make people ill. A lot of symptoms may arise, ranging from changes in skin color, to coma, to death.

What should you do? I think that if you have this material and if your family is exposed to it, you should consider replacing it. Arsenic poisoning is serious and there is no reason to take chances.

Especially if your family members are in regular contact with the substance. And if your children are around it all of the time, the decision is obvious.

If you are purchasing a home, ask your home inspector to determine whether this material is present. If so, you might want to make replacement a part of the real estate transaction. If not, you will be buying a problem that you may have to del with later on.

Also check out neighborhood playgrounds at schools and in the community. Governments should generally ensure that this material is being removed from public areas.

If you have become ill as a result of exposure, obviously consult with a physician. And when you can, you ought to seek qualified legal counsel as well. Do so promptly as claims must be filed within time periods that are called statute of limitations.

Published: May 29, 2003

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.